Broker carrier agreements

Discussion in 'Ask An Owner Operator' started by Opendeckin, Jun 2, 2018.

  1. Opendeckin

    Opendeckin Medium Load Member

    446
    1,241
    May 20, 2018
    0
    I'm going to start dispatching my truck here soon and I'm planning to use brokers starting out. I have some experience driving a truck and have researched rates and lanes, but I'm still very ignorant to the legal land mines that exist within these contracts. I'd greatly appreciate input from you businessmen with experience on the matter. I of course understand nothing here can be constituted as official legal advice and is only for entertainment purposes.

    So far the primary things I know to look for are
    1.Waiving rights to subrogation. Insurance won't cover you if they can't collect their money via subrogation.

    2.Reasonable non compete clauses. Based on my research 1 year is the standard length of a non compete. Anything more is excessive and probably wouldn't hold up in court, but it's best to cross it out when signing the initial contract and replace with 1 year.

    3.Waiving rights to collect debt from parties besides the brokers. Shippers can and should be held liable if their broker does not pay you. If you give up this right in the initial carrier set up packet you're putting yourself in real danger down the line.

    4. In regards to all contract changes make sure to cross out any part of the contract that says any changes must be signed by both parties or any crossing out of aforementioned items could be irrelevant in court.

    5.Any clause that nullifies your Motor carrier Tariff.
    Which Brings me to my next question. Who here is using Tariff's? I'm so ignorant about them, but they seem fascinating.

    Brief article about them here.
    Secret Weapon in the Drawer? – The Motor Carrier Tariff | Dean & Fulkerson Law Firm

    What all do you look for when setting up a new carrier packet?

    Do you send them a contract of your own for them to sign with your charges?

    EX. layover,detention,TONU etc...

    @BoyWander ,@double yellow
     
    Last edited: Jun 2, 2018
    BoyWander Thanks this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. BoyWander

    BoyWander Road Train Member

    1,411
    2,125
    Jul 22, 2011
    Michigan
    0
    I don't deal with carrier packets or rate cons. I look over a rate con to make sure the load says what the broker described verbally and then email it over to the office to get signed.
     
    Opendeckin Thanks this.
  4. Opendeckin

    Opendeckin Medium Load Member

    446
    1,241
    May 20, 2018
    0
    My bad. I thought you had your own authority. Enjoyed your thread. Great information there on rate negotiations and lane management.
     
    BoyWander Thanks this.
  5. Ridgeline

    Ridgeline Road Train Member

    22,108
    113,242
    Dec 18, 2011
    Michigan
    0
    Get a lawyer to advise you.
     
    redoctober83, ZVar and Opendeckin Thank this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.