Brokers Notices

The Carmack Amendment (49 U.S. Code Part B) is a law applied to motor carriers by Congress in 1935. Provisions under 49 U.S. Code Part B are never waived by DD 214 Transport because the statutes in and regulations issued there set up a well-established system for determining the rights, duties and liabilities of all parties involved in transportation (carriers, freight forwards, brokers, and shippers).  This defines the role of each participant and their respective rights, duties, and liabilities. If DD 214 Transport avoids that framework by waiving the statutes and regulations, we will expose ourselves to the diverse and often inconsistent laws and rules of each of the 48 states in which we operate. This amendment provides protection and legal remedies for all involved parties. For this reason, DD 214 Transport does not waive any portion, part, section, or statement of the Carmack amendment. 

CARGO COVERAGE
The release value for all shipments is the greater of $50.00 or $50.00 per pound, said value will not exceed a maximum of $20,000.00, unless a higher release or declared value is specified by the shipper on the bill of lading or shipping order and values exceeding $20,000.00 must be approved and communicated in writing prior to the shipment to be valid.

DD 214 Transport does not back solicit. We are so certain of this that we will sign and agree to almost any penalty or terms for such. However, if a customer happens to take note of our high-quality equipment, professional drivers, excellent communications, satellite access or other acts during the service of that customer and decides, on their own, to contact DD 214 Transport, then that is a forward solicitation, and we will not be bound to any agreements or penalties for this.

If a broker’s customer seeks a carrier out for direct service, the carrier should not be precluded from responding by overly broad language in a covenant. If you have signed a limited covenant not to back-solicit a broker’s customer and are contacted by the customer, I believe the best practice would be to notify the broker of the solicitation prior to responding in a manner that otherwise could be construed as a breach of the covenant. - See more at: CCJ Digital

Our thinking on this is fair, we too have invested in visibility via lettered and logged equipment, drivers that we have trained to be professional, 24-hour operations and systems that provide clear, concise communications, dispatching and billing. All of these are extended through the broker to the customer. Many brokers provide an extremely professional service both to their customer and us, the carrier, but when the carrier shines, the broker shines. Since DD 214 Transport consistently provided excellence, we are an asset to the broker, not to be restricted by the broker.

DD 214 Transport does not share direct contact with its Drivers in an uncontrolled manner. Drivers are not authorized to bind the company to any agreement; therefore, all agreements and communications need to be made with the carrier to be communicated to the driver. We offer our customers and brokers Satellite Access to their loads, allowing them to see, in real time, the location of their shipment, if it is moving or stopped, the direction of travel and the speed. Because we are a 24-hour operation, there is no reason for anyone to call our drivers directly. 

Additionally, we have identified at least 2 brokers that permanently store this information in their systems. This is dangerous for all carriers as there could easily be a back solicitation situation with drivers. Can you imagine the monetary value of a database of 1000 active drivers names and phone numbers? I can. 

Some brokers have insisted on Macro-point access, this too is denied for the reasons stated above. 

Solution: We will conference the broker with our drivers at any reasonable time, when the driver is not driving, sleeping, or loading. 

Depending on who you ask, some people love this method of scheduling trucks for pickup and delivery and others hate it. This practice tends to favor the shipper and receiver at the expense of the trucker. Usually, it means that the shipping/receiving department has limited resources and has the trucks wait in queue until they are able to be served. Sounds fair right? If you get there first, you get unloaded first. However, truckers get paid by the mile and not by the hour. Having to wait 2-3 hours to get unloaded is unreasonable for the carrier.

This system is not without benefit for carriers some of the time though. If a carrier can show up “anytime on Tuesday” for delivery, they get flexibility in when they must be there, and it really helps them when unforeseen delays occur like weather and traffic.

Best of both worlds? An FCFS system with enough internal resources at the shipper/receiver to handle the busiest times. However, now this becomes expensive for the shipper, they’ll have labor sitting around 90% waiting to serve the 10% of the time when it’s busy.

LIABILITY

DD 214 Transport defers to the Carmack amendment as the ruling authority of our transportation agreements. The Carmack Amendment (49 U.S. Code Part B) is a law applied to motor carriers by Congress in 1935. Provisions under 49 U.S. Code Part B are never waived by DD 214 Transport because the statutes in and regulations issued there set up a well-established system for determining the rights, duties and liabilities of all parties involved in transportation (carriers, freight forwards, brokers, and shippers).

THE RELEASED VALUE FOR ALL SHIPMENTS IS THE GREATER OF $50.00 OR $.50 PER POUND, SAID VALUE WILL NOT EXCEED A MAXIMUM OF $20,000.00, UNLESS A HIGHER RELEASED OR DECLARED VALUE IS SPECIFIED BY THE SHIPPER ON THE BILL OF LADING OR SHIPPING ORDER AND VALUES EXCEEDING $20,000.00 MUST BE APPROVED AND COMMUNICATED IN WRITING PRIOR TO THE SHIPMENT TO BE VALID.

DRIVER DETENTION (Hourly)          $75.00 Billed (15Min)

VEHICLE ORDERED NOT USED     $600.00 

UNSCHEDULED LAYOVER             $975.00 Per Day

DIVERSION                                       $150.00 Per Occasion

RECONSIGNMENT                           $350.00 + mileage

STOPOFF SERVICE                           $150.00 Per Stop

TRAILER STORAGE OFF-SITE -        $600.00 Per Day

NON-STANDARD PAPERWORK TURNAROUND REQUIREMENTS - (Within x hours) $75.00 

Driver Detention - is defined as occurring when the Carrier is detained at the shipper, at a stop-off point, or at the consignee. Two (2) hours of free time will be applied prior to charges being authorized.

Trailer Detention - is defined specifically under the tab entitled Non power detention rules. 

Detention Charges stop the day after the trailer is made available for pick up.  

Trailer detention is paid as a flat rate per Calendar Day. 

Diversion - is defined as a change in the destination, prior to reaching destination. Diversion is paid as a flat fee. If diversion terminates in another state, the tariff rate will apply. 

Reconsignment - is defined as a change in the consignee location once the shipment has arrived at the original destination. The new location must be a different address than the original consignee. If both are located at the same address, reconsignment charges will not be approved. 

Reconsignment is paid as a flat fee plus excess mileage.  If reconsignment terminates in another state, the tariff rate will apply. 

Stop-Off - is defined as any scheduled stop between the shipper and consignee. Stop-off charges are paid as a flat amount per stop. If a flat rate is applicable to the destination point, the first charges are paid as a flat amount per stop. If a flat rate is applicable to the destination point, first determine the mileage from the initial origin point to the destination point via any stop-offs. Next determine the mileage from initial point of origin direct to the destination. Subtract the direct miles from the miles via the route of the movement and the difference will be charged at the circuitous mile rate per mile. If a mileage rate is applicable to the destination point that rate will apply based in the miles from the initial origin point via any stop-offs to the destination. 

Truck Ordered Not Used - is defined as occurring when the shipper requests a truck for loading and subsequently cancels that order after the truck has been dispatched.  Vehicle ordered not used charges are paid as a flat fee.  

Trailer Storage at Off-site Location- is defined as occurring when the DD 214 is detained at a location due to consignee's inability to receive shipment as scheduled.  Day of notification day is free.  All additional days are charged at $600/day.