Ask Mr. Broker
Freight Claim For Shortage
Last Updated: Jan 1, 2008 - 3:52:42 PM
By David G. Dwinell
Jan 1, 2008 - 3:50:59 PM
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Shortage is a frequent freight claim according to my student trucking entrepreneurs.
We have discussed SL&C as a valid defense in installment#3, but shortage is generally theft while the driver wasn’t looking, which is driver negligence. I even had some drivers report that they were too tired to count the goods in and out of a truck. They are just asking for a shortage claim by opening their trailer doors without providing supervision. SL&C means that when signing a BOL for the cargo install the letters SL&C to denote that the trucker is limiting liability to the pallet count, not piece count. “Driver denied access to count” should be noted on BOL every time this is the loading or unloading circumstance.
With a BOL signed SL&C and there is a shortage in piece count, driver needs to note the circumstances on the BOL such as “ box removed from pallet for inspection” or “shrink wrap cut after pallet removed from trailer”, or whatever the driver feels is the cause of the shortage.
Shortage of pallet, generally means that the loading driver made a mistake in counting the pallets going on, leaving a pallet on the consignor’s dock. Call dispatch and ask that shippers inventory be count checked, before a claim is made.
When a driver picks up a sealed trailer, they can protect themselves by noting on their log book that the trailer was sealed (seal in tact) and upon delivery, get the name of the receiver who witnessed breaking the seal and enter it in your log book. SL&C should be entered on the Bill of Lading at the time you take possession of the dropped trailer.
Notation on the BOL must occur before the Consignee signs the BOL. The BOL is the property of the trucker, and the Consignee is “incidental to” and not a party to the BOL. If there is not enough room for notation, break out a blank BOL and complete it clearly noting BOL #2. The driver controls the Bill of Lading (BOL) notation. Driver should make a report separate from the BOL or talk to the Broker, if a brokered load. The Broker plays the role of Judge Judi and negotiates completion of delivery. If any party, consignee or consignor, or broker says “don’t worry about it” make that notation on the BOL and write the full name of the person excusing the loss.
Next month, read installment#9 Freight Claim for Damage. Questions? askmrbroker@loadtraining.com. David G Dwinell is a nationally recognized expert in transportation brokering and teaches the subject.