Ask Mr. Broker
Brokers And Appointments
Last Updated: Sep 4, 2007 - 9:31:33 PM
By David G. Dwinell
Sep 1, 2007 - 9:30:10 PM
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As a broker, I have dispatched over 95,000 loads to truckers. I require the trucker to make their own appointments for pick and delivery. Brokers who make appointments for motor carriers are creating liability by controlling a drivers actions. I can’t imagine why a broker would willing make themselves 100% liable for only a15% commission. The motor carrier should remain in control of his own employees or o/o. Brokers expose themselves because they don’t know any better or lazy trucking dispatchers make the Broker do their work. Broker Licenses does not permit a cargo interest for the broker, yet most brokers gleefully put their name on the Bill of Lading (BOL) and make appointments and thus are liable for the consequences.
As a trucker, I always made an appointment for delivery, before picking up the load, especially if the cargo is groceries, because shippers wantonly turn truckers into warehouses; In other words load the truck and then the trucker finds out he can’t get the freight off for 10 days. Brokers exposes themselves to the liability of paying the trucker for detention and demurrage in such instances, when in fact they should be the “travel agent” for freight. Note: Trucking companies who take possession of freight, then broker the load to another trucker (subhauler) can do so without a Brokers license. Both truckers are 100% liable for loss. In this instance, the originating Trucker must control the pick and delivery appointments. Those who use Broker’s license should not control appointments.
The Broker who commits to a pick appointment, before finding and booking the truck is not profitable. They make 50 extra phone calls for their $50 commission. Motor Carriers should control their loadings, set the terms of the haul, and control offloading without interference from a broker.
Truckers whose appointments are made by the broker, have recourse against the broker if they are required to layover after meeting an appointment time, or are detained by a lack of broker originated appointment. Truckers may have a valid contract claim and may make it against the Broker’s Surety Bond. Not all Brokers are created equal, Master Brokers, graduates from loadtraining.com would not make appointment mistakes as most brokers do.
Our next Ask Mr Broker installment (# 5 ) “Trucking Authority” how to get Authority free @ (fmcsa.dot.gov). Installments 1 thru 48 are available for purchase as a set.
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