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So, You're Going To Hold A Load 'Hostage' For Payment? (+ A Story!)

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So, You're Thinking About Holding a Load Hostage For Payment? In this video, Dave talks about the ramifications of holding a load hostage in the trucking industry.
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Опубликовано:

27 авг 2024

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Комментарии : 82

@SmartTrucking 2 месяца назад

Hello there Driver. so glad you were able to take the time to watch today's video. What are your experiences with 'load' hostage situations? How did it unfold? Good or bad? We'd like to hear your experiences.

@michaelmarburger1003 2 месяца назад

Dave, I never known of any drivers holding a load hostage for such a matter BUT this video reminds me of something that happened close to home here back early to mid 90s. There were these 2 brothers long time drivers started a company and built it up. By 95 they had 20 some odd trucks running coast to coast with dry box, refer, and flatbed freight. Then they lost a few customers, and had a few other troubles hit them. Long and short of it was paydays started coming up short for drivers then some drivers would have to wait 2 or 3 weeks for payment. 2 drivers took matters into their own hands when they started “hiding trucks” until they got paid. One of the guys got his pay, turned over truck and trailer and went on to another driving job. The other guy, while “hiding his truck”, called a broker, got a load on his own and was stopped on the road because owner reported truck as stolen. Driver was charged with GTA for a 92 Kenworth and 90 48 foot refrigerated trailer. He served 30 months in state prison and ended his driving career

@SmartTrucking 2 месяца назад

Wow. That's a lesson right there. And that's exactly my point. Some drivers may 'think' they are doing the right thing to get their money but the law doesn't look at it that way. No one wants to do prison time over 'any' amount of money. Thanks for the post. 👍

@Retired88M 2 месяца назад

Alls fair in trucking What about when they put a load on your trailer on Monday and with your full 11 hours you can be at the receiver the next day but they won’t unload you till Friday. There’s a truck , trailer and driver being held hostage unless the driver can take it to a terminal or drop yard and get another trailer

@JRotten 2 месяца назад

Just roll into a bad part of town. Stop for lunch, oh some how your trailer doors are left opened..... When you came back, your trailer was empty..... Darn it, better call the cops.

@3182john Месяц назад

Yeah I’m betting their lawyer will see through that. Why did you have to stop there? Oh, you were broke down? Why did you have to go through that part of town, specifically? Be ready to answer these questions in a timely manner and hope they’re believable.

@JeffBobUSA 2 месяца назад

I filed a claim on the brokers bond after getting the run around/non payment for 90 days….check was in my hand within 5 business days!

@jayco1918 2 месяца назад

How do you go about doing that

@joecummings1260 2 месяца назад

Load is on my trailer, in my yard, behind a locked gate, Trailer needs repairs to be legal, and I'm working really hard to try and fix it, this might take a while.

@3182john Месяц назад

Hope you have the paperwork to prove that in court…

@peters1927 2 месяца назад

I’m a local driver for over 3 years already. Always been listening to Dave, starting from Trucking school. Thank you Smart Trucking.

@jetfleet5 Месяц назад

All truck brokers are required to have a $10k bond by a bond company in order to hold legal authority to broker loads. That information is available via FMCSA. File a claim for non payment with the bonding company and see how fast they pay you. If the bonding company pulls their bond. They lose their broker authority . I had to do this several times in my career and it worked every time.

@tvtothepoint Месяц назад

When he says "these days", remember that "these days" have been going on since deregulation took over the trucking industry-probably long before many drivers on the roads today were born. It's nothing new, getting jacked around by brokers and dispatch, even holding loads in leiu of payment was going on long ago. Just remember that with the tools available to drivers today, it's easier than ever to check references and ratings, so like the famous ad says: Just Do It!

@jimyoung4356 2 месяца назад

And to add to that.. it is a FEDERAL CRIME to impede, restrict, or interfere with Interstate Commerce of any kind. Forget the local LEO, If that BOL is interstate... its FEDERAL! This is EXACTLY why any attack on a Trucker, engaged in interstate commerce, (doing his job) should ALSO be a FEDERAL CRIME, but it's not! I guess in the eyes of the Feds, the load and freedom of commerce is more important than the driver!

@xTheBloodyDeadx Месяц назад

Actually unless things have changed, as long as the load is on the truckers trailer, it’s the truckers property until the customer takes it off to claim it so legally a trucker can hold it hostage and there’s nothing the customer can do about it

@andrewb8548 2 месяца назад

I used to work at a furniture factory that used to bounce paychecks, got the forklifts reposessed, etc. Loads got brought right back to the supplier every other month. They required a cashiers check.

@mattberg916 Месяц назад

I run local now, trash transfer. I don't want to hang on to the load! Lol

@maxpuppy96 2 месяца назад

Set up a roadside stand and start selling produce off the trailer. Old guys did when the reefer went down it was done.

@charlesbutterfield3464 Месяц назад

My experience with debt collection Attorneys is excellent.

@nickhansen6147 2 месяца назад

There’s a lot of truth in your video however as an independent you’re further ahead with using a good factoring company with a no recourse agreement. They have great tools to help combat getting stiffed. I just recently had a marine veteran business owner in Ohio try to stiff me for $1,500 however by educating myself and educating him on the interstate commerce clause he quickly discovered that I don’t have to go through Ohio to sue him and that I had legal right to attach to his military pension as well as he would lose his military contract. Always be diligent and do everything via email so you have a paper trail and as far as brokers you can always file against their bond and that will get their attention immediately. Never hold a load always make delivery

@daveshangar6820 Месяц назад

Using email to leave a paper trail is great advice.

@rasjahson6261 Месяц назад

You also can file for loss wages with the Department of Labor in the state in which the trucking company/broker is based out of. Make sure you have all supporting documents ie load information from the trucking company/broker, all bills of laden and your logs to support your claim. The more documents you provide the easier the state government to investigate. Most states governments are good about investigating lost wages. No company wants complaints filed against them as it could result in termination of the Articles of Organization. Most companies will settle to avoid that risk.

@genegeneish 2 месяца назад

If you sue in court, your suing for damages and the cost of your lawyer, if you win, they pay your legal fees.

@diesellady7816 Месяц назад

That's very true..Lease contractors have so many things to pay that at the end of it your lucky if you make any money. But they get theirs ..that's for certain. 😢

@HaulingDonkey Месяц назад

This is where being an end-dump driver makes things interesting. You want the load delivered to 1234 Main St.? Okay, how about in front of your front door or in the driveway into your business.😂 Delivered ✅

@Gunning-for-Trucking 2 месяца назад

also as an independent carrier you can file a claim on a brokers bond insurance policy if they refuse to pay. Had to do it several times before got paid every time

@stevenackerson8810 2 месяца назад

Two wrongs NEVER make a right.Two negatives will only make a positive in mathematics.

@charlesjoy6213 2 месяца назад

Or a greater negative number

@hampter1279 2 месяца назад

Like he said, it’s a dog eats dog business now. Welcome to late stage capitalism.

@younglove3362 Месяц назад

Cool story 😎. But I believe in being even. You stiff me then I'll stiff you. No in-between.

@iBackshift 2 месяца назад

The way YT's Trucking Resourses and YT's Trucking Answers talk about the FMCSA, that assoc is usless to deal with. They are for the carrier, not the trucker.

@derekhealy1950 Месяц назад

Only problem is that if too many drivers and owner operators walk away from taking a broker or shipper or a carrier to court because theyd lose money in the end it sends the message to brokers shippers and carriers that they dont have to pay and they can continue to stiff others

@RyanSmith-hi2nv Месяц назад

One of the most difficult things about being a driver recruiter is hearing the many stories of drivers getting screwed over. You guys deserve so much better. Good advice here. I'm just sorry it has to be said.

@eprofessio Месяц назад

I pulled into a union power plant in Arizona and they refused to unload me because it was 3:00 pm and they quite at 5:00pm. I pulled into dirt lot by guard shack, un strapped the load of culvert and kicked off onto the ground. They still paid.

@onebadapple83 2 месяца назад

Used to be if you didn’t leave the state where the load originated you were good! Better yet….camp out on the shipper’s property with the load until you get paid!

@passingthru69 2 месяца назад

Great comments. Go the best route. Old friend of mine tried holding a load hostage. Didn't work out well for him. Got his lease canceled in Vegas. They took his trailer from him. Company trl. He lives in Tn... long bobtail trip home. No money no trl. No lease... His big mouth got him in way too much trouble

@alenagoddess2400 2 месяца назад

I'm sure it was a blessing in disguise because he didn't have to deal with the stress anymore!

@johncraig9869 2 месяца назад

Disconnect the GPS/dashcams, any form of tracking then relocate the equipment

@harryd9782 Месяц назад

The key is have enough finances to cover any disputes. Most don’t have that, they’re running on empty.

@BlockBallerRecords Месяц назад

I had that issue a while back it took a few Federal Motor Carrier complaints to the Company and finally got my money 💴

@clemsmith8799 Месяц назад

If we can simply trick some trucker into holing it hostage......... then ....... afterwards we will block our phone number and make a claim on his insurance. You see? Background checks and credit application approvals before any freight gets loaded on your truck.

@OperatorPuski 2 месяца назад

Sure thing. Lesson learned, they’ll make it up to you on the next load. Ever hear that one?

@dwainsmilne Месяц назад

There hoping that the cost of litigation is higher than the actual load pays,SICK,the government can make this right but obviously they don't care, I believe that companies should be able to hold loads until payments are made,if this were legal There would be no more problems, after a certain amount of time has passed the company should be able to sell the load to anyone to get there money back (NO PROBLEM ANY MORE)?????????????

@powerchairtrucker894 2 месяца назад

Well, the problem with that is it a wreck your career to and if it’s a way to to provide for your family you don’t want that either

@TravelerPony Месяц назад

If i recall correctly there was a mobile home transport company that thad in it's contract that the shipper released ownership of the unit to the transport company until all transport charges were paid. It was a niche market and probably not feasible in todays market. I can't remember their name but from Fargo ND as i recall.

@garrickalbritton3995 Месяц назад

It. Would also be theft of services as well !

@lylehart3744 2 месяца назад

In any business it's best to be careful who you're associating with and always be suspicious of things that sound to good to be true. Sometimes crooks offer better than normal rates to get carriers to overlook their reputation, this is because it doesn't matter what they offer to pay if they have no intention of paying they'll just throw any crazy number at you to get your excitement to override your better judgement. Be careful of this.

@jasonanderson1557 2 месяца назад

You can't because you're cargo say Walmart they can file charges

@jerrykinnin7941 Месяц назад

Im in the Intermodal side. I get paid by the hr. Ive gotten to the customer sometimes they cant take it. Ill call my boss who calls whoever then theyll have me drop the load and bobtail or bring the load back to the yard for redelivery.

@thomasrandolph1333 Месяц назад

As a new driver in the late 70’s I worked for some real shady people. I was paid percentage most of those years and I could never get an honest answer about the rate so I could figure out my cut. I know now how much I was getting ripped but at the time, these jobs were the best I could do. Back then, companies wanted at least 5 years experience! Now it’s “can you hold on to this steering wheel? Ok you’re hired!” At 67 and retired I no longer have to play these silly, illegal games with those idiots! Keep the shiny side up brother!

@Paul-th9vr 2 месяца назад

The dump truck industry when I was one was the same, dog eat dog, see who would work for less and then hire them to work for the company. Bel, Southwest, and other companies who exploited the number of trucks against the number of jobs. More trucks = less pay/hour, not always but too frequently for me.

@daveshangar6820 Месяц назад

Never, ever buy into truck leasing! Ask yourself... If it is so profitable, why aren't the companies holding onto the trucks, hiring someone to drive it and raking in all the profits?? They put the responsibilities of the truck on you so you can go down the road with your head held high thinking that you have been elevated to the higher glorious plateu known as O/O. When you are broke, guess who holds onto the truck?? Very bad idea!

@burtcampbell1452 2 месяца назад

Wow- I gotta say thank you dave - just the other day I was at jfk airport in new york of course and I heard these 2 driver's that were talking about some brokers that weren't paying them at all and having to find them and kick their ass to get paid!!!! Unbelievable what is happening out here thank you again dave- BTW I'm 70 years old and have been driving for 45 years 😀 - we have both seen the deterioration of the industry as a whole- the fmcsa is more focused on hours of service and a bunch of other non sense- every one should just be able to sleep- when they are tired and not have to worry about some SOB - that's gonna rob them - its becoming an ABYSMAL world - unfortunately but thank you dave- God bless you and your family

@larrydreiser1178 Месяц назад

I had a broker load that did not pay on time. So I filled a claim against his Insurance. The broker cannot book anymore loads until the claim is settled.

@kevinlamarr1424 Месяц назад

You can join Nastc and they will take care of it

@charlesbutterfield3464 Месяц назад

You need to hire an Attorney who specializes in debt collection.

@purple1cole Месяц назад

Don't work for first fleet inc specifically Ian noddin hope Mills nc

@gerardomendoza9688 2 месяца назад

Well then truckers can consider "Not Paid Check" a theft.. they are stealing service... But what I would do I would send them to hell when they ask when I go out to drive again...

@fighter4christ7 2 месяца назад

Man that’s crazy… 2 years! It’s a shame if there’s really no way out. I do feel we should have rights under some circumstances to do that. Like when’s broker lies about the delivery date to reefer drivers and uses them as a personal refrigerator over the weekend.

@devdhamija7585 2 месяца назад

I need a lawyer right now. Any recommendations on how to find one?

@charlesbolin7207 2 месяца назад

If the broker/carrier stiffed you, deliver any freight your hauling for them and walk away. Don't do business with them in the future. Better to lose a few thousand than to have holding a load hostage on your "Freight Guard" report. If you're a company driver that didn't get paid, file a wage claim in your home state and change employers.

@charlesmonroe8288 Месяц назад

Damn, somebody stole my trailer! Where's the nearest flea market.

@HavingAnAverageWeeke 11 дней назад

I'm a company driver, owed 6000 dollars in wages. I'm tempted to try it, but i guess i should just walk and cut my losses?

@James-dq3jo Месяц назад

Maybe better to add some of these bad actors to the “don’t work with again” list, if possible, or at least the “only accept loads paid in advance” list.

@purple1cole Месяц назад

Facts

@danf6975 2 месяца назад

So what is your legal advice on block seven when it says collect..

@woody4077 2 месяца назад

"discrestion is the better part of valor" --- unknown

@3182john Месяц назад

It’s not your stuff. You’re paid to move freight… you’re not buying the freight.

@blueridgeocean 2 месяца назад

Is it held hostage if the shipper and broker signed their name on the dotted line stating the carrier may not be required to make delivery if payment was not received?

@johnhanson4795 2 месяца назад

whats up with these plastic trucks catching fire saw 4 this week cabs a burning.wasnt trailers they where not burning at first

@CmdrSoCal 2 месяца назад

pre paid legal

@frankhoffert3480 2 месяца назад

Don't hold the load hostage tell them it's in transit

@zachzimmerman7076 Месяц назад

The police will do nothing and turn it around on you like it's your fault for reaching out to get your own paycheck and getting the old to the customer

@cmritchie04 2 месяца назад

Ok say you did get screwed and you have a contract with the company ok to void out the contract and never speak to them again? without telling them?

@NextNate03 Месяц назад

Let's just say I own my own authority/trucking company. If I took a job or contract saying that I am going to be paid blank amount of money to deliver the load. When you get to the receiver and found out that they (or whomever it is) is refusing to pay up or short change you. You have the right to keep the load as a form of payment. What they did is not leg@l. They stole time and money from you. It is "Wage Theft". Can the receiver call law enforcement on you? Yes. The receiver would be in big trouble for making a "False Police Report". Assuming that the law enforcement is not corrupt, knows the laws, and willing to do their job. Let's just say you do get arrested. That is fine. Why? You are going to receive a gaint payday from the law enforcement for a "False Arrest".

@RememberPele Месяц назад

Lol okay buddy

@keithkearns9221 Месяц назад

Living in a CONSTITUTIONAL REPUBLIC you know what I'm about to say is covered by the UNITED STATES CONSTITUTION: The Supreme Law of the Land !! What happened to the Fuel Surcharge ? It's still on the Law Books !!