| SHIPPER
LOAD & COUNT INFO, BILL OF LADING
SIGNATURE REQUIREMENTS, AND...
PROPERLY DETERMINING
YOUR TRIP MILEAGE
By Wayne
Schooling
Q:
Let’s say your honest, loaded trip miles (taking the shortest possible
route) was 857 miles, but the company states that they will only pay
for 823 miles for that trip. That’s 34 unaccounted miles. My questions
are: can a trucking company shave off your mileage when completing
a loaded trip? Can they really pay you for what they say it is? Do
I have the right to request all mileage due me? If they do not have
the right to illegally take that remaining mileage, what can I do
as an owner-operator to prevent this from happening again? Please
help me with this problem - Monique, San Diego, CA
A: The carrier must be able to justify how they determined
the mileage. Often, they will rely on the Movers & Warehousemen’s
Mileage Guide (MWMG) which, may I add that many truckers have complained
about for years, is in the range of 10% or more understated. It sounds
like this happened to you. Now to add insult to injury, I don’t know
of any state that uses that mileage guide to determine mileage for
fuel tax or apportioned licensing audits, so you are taxed on something
closer to the actual mileage. To give you a little background, the
MWMG got started many, many years ago (long before computers) as a
tariff published by the Household Goods Carrier’s Bureau and approved
by the ICC. Drivers complained about it then too. Mover’s rates were
very high at the time and were regulated so there was very little
incentive to challenge the mileage guide. During that time frame,
people in the moving business were making very good money. A few years
ago, the Movers and Warehousemen’s Association acquired the Household
Goods Carrier’s Bureau but made no meaningful changes to the mileage
guide. Many carriers/brokers still like it because they can use it
to rip off the owner operators and justify it through some semblance
of creditability because of the long history of the guide’s use. So,
before you sign that contract, always be sure you ask the carrier/broker
how they actually determine mileage.
Q: Can a shipment still be
considered a true “shipper load & count” if the carrier has broken
the shipper’s seal to verify the carton count? Does a “shipper load
& count” shipment lose its integrity if the shipment is processed
through a consolidation hub where the shipment is removed from the
original trailer and reloaded before delivery? Can the carrier be
held liable for a shortage if one occurs? Where can we find out more
information on “shipper load & count” regulations? Jake, Kansas
City, MO
A: A “Shipper Load & Count” notation on
a bill of lading means exactly that: the shipper loads and counts,
usually a full trailer load, and seals the trailer upon completion
of loading. So long as the trailer remains closed and the seal intact,
there is a presumption that any shortage found upon delivery did not
occur in transit. If the carrier opens the trailer at an intermediate
point for consolidation or transfer to another truck, the contents
should be re-counted and any discrepancy reported. Unless a shortage
is noted at this point, the carrier is no longer entitled to any presumption
arising out of the original “Shipper Load & Count” notation on
the bill of lading. You can learn more in greater detail from the
book “Freight Claims in Plain English”.
Q: I have been asked if our
plants need to have their shipping clerk’s original signature on the
bill of lading. Management would like to have it replaced with a system-generated
printed name. Does the lack of a signature limit our legal recourse
if we were to end up in some sort of transportation-related litigation?
William, Dallas, TX
A: There is no legal requirement for a shipper to
sign the bill of lading. On the other hand, it is imperative that
the carrier’s drivers sign the bill of lading to confirm that the
carrier has received the goods, and that they were in good order and
condition when received by the carrier.
Q: My question is in regard to putting the
piece count on the bills of lading. Many of our locations feel that
there is no need to do this. Is that true? Diane, Oakland, CA
A: It is always a good practice
to show the number of packages or cartons on the bill of lading and
to have the driver acknowledge receipt by signing for the actual count.
The bill of lading is a legal document. Unless you have some other
formal transportation agreement, the bill of lading will be considered
the “contract of carriage” and will determine the rights and liabilities
of the parties in the event of loss, damage or delay to shipments.
I suppose you could ship on a document such as a “packing slip”, but
you would still want some language indicating that the goods were
received in good order and condition by the carrier, and a signature
of the driver.
~ Next month, I will turn 20 with 40 years of experience (ha ha),
and my birthday gift to you is that I will share the biggest little
secret regarding the bill of lading that could save you tens of thousands
of dollars. So be sure not to miss the September issue.
~ The NTA is a nationwide association established to provide services,
benefits and information to Owner-Ops, Private Fleets and Trucking
Companies. For more information, call (562) 279-0557 in CA or (800)
805-0040 outside CA. Until next month, “Drive Safe - Drive Smart!”
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