Question
Has anyone ever heard of a Insurance company dictating to a company where to get trucks inspected ?
Example... Company wants you to bring your truck 250 miles at your expense to their shop for inspection. A certified garage isn't good enough and here is the clincher... Their mechanics are as qualified as Connie is (Nothing personal Connie).
We are talking back yard mechanic good ole boys...
Anyone ever had to deal with this before..?
Andy
Answer
Andy
How do you know that I'm not certified to do inspections? Nothing like checking the board and getting hit in the head with one!
I've never heard of the insurance company "dictating", however, I have had some insurance companies offer some attractive pricing credits to the trucking companies in exchange for voluntarily participating in some Loss Prevention Programs.
When you say you're forced to go 250 miles at your expense, keep in mind that in the eyes of the insurance company your vehicle belongs to the motor carrier (as far as liability and cargo). You've signed a contract with them and they have the exclusive use, care, custody and control. Consequently, they are responsible if your equipment should cause an accident out of mechanical failure.
I'm not saying there should not be some type of compensation for the move, there should be. But that's between you and the motor carrier.
*** The above answer is being provided as a possible reason for the incident you've described. This is not an absolute and should in no way be construed to be the actual basis for the situation you've described.
I recommend you contact the insurance department at the motor carrier and ask some specific questions along this line to get the answers.
Connie
Answer
Connie sez,,,
>>Nothing like checking the board and getting hit in the head with one!<<
Ouch... You wouldn't have an extra ice pack would you..?
>>You've signed a contract with them and they have the exclusive use, care, custody and control. Consequently, they are responsible if your equipment should cause an accident out of mechanical failure.<<
Now I gree with exclussive use... But I pay the bills, I pay for the repairs, I have control over my equipment and the truck and trailer is in my name... bought and paid for..
Now you tell me how a company can dictate where you get your truck inspected when all that DOT, the federal gov't dictates that it is inspected anually period... Now I know that the insurance co give extra benifits when companies go the extra step, but whats wrong with going to a certified garage like a dealer to get the truck inspected.
Keep in mind that I've past all inspections by DOT and I keep a detailed maint record that can't even be matched by the company itself..
Ok lets word it this way... How can a company tell a independent contractor where to get an inspection when there own mechanics can't keep their own trucks maintained...?
Answer
TN says: "Now I gree with exclussive use... But I pay the bills, I pay for the repairs, I have control over my equipment and the truck and trailer is in my name... bought and paid for.."
Connie says: To the FHWA, DOT, Insurance Company that vehicle, by contract, (which I presume you signed voluntarily) is the responsibility of the motor carrier. It doesn't matter that your name is on the title (at least not in the eyes of the authorities named here).
TN says: "Now you tell me how a company can dictate where you get your truck inspected when all that DOT, the federal gov't dictates that it is inspected anually period... Now I know that the insurance co give extra benifits when companies go the extra step, but whats wrong with going to a certified garage like a dealer to get the truck inspected.
Keep in mind that I've past all inspections by DOT and I keep a detailed maint record that can't even be matched by the company itself.. "
I'm not trying to sound contrite here, but you signed the contract. The motor carrier can tell you anything it wants. I'm not saying whatever they tell you is right or legal. But they certainly can try to push the limit. The decision is up to you. How far are you willing to let it go? Keep in mind that as an independent contractor you can refuse. But they can pull the lease.
Are you willing to go that far?
TN says: "Ok lets word it this way... How can a company tell a independent contractor where to get an inspection when there own mechanics can't keep their own trucks maintained...? "
I understand what you're saying and I'm not saying its right. But I am saying they can push as hard as they want and as far as they think they can get away with it.
If you think there is a breach of legalities, perhaps you can check with Opie. But from where I sit and what I tell my motor carriers is simple....The motor carrier can and probably will be held responsible for the independent contractor in many, many incidents. I've seen it more times than I can count.
But as an owner-operator, when the motor carrier starts to "push" the edge, I usually change lease. I just did that here recently because what the motor carrier asked was really pushing the edge and as I investigated and found out....illegal.
TN, check with Opie on this.
Best of luck,
Connie
Answer
We're required to have inspections at a company authorized inspection site every 120 days. They pay for the inspection. They have sites all over the place, so it hasn't been a problem.
Try telling them to get you there under load or pay you d/h to get there.
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Betterhave
Answer
Having your truck inspected at specific locations is not new. Back in the early 70s I worked for a small company leased to Little Audry and we had to to thru Omaha every 4 months whether we wanted to or not. Then I went to work for another small outfit hauling produce and we had to go to the same place for safety inspections. That is all the place did, was safety inspenctions. I don't remember the mame or even where it was now.
I bet Monty knows the place.
russell
Answer
Ok, I wasn't going to go into details, but I guess I'll have to...
When I signed a lease, It was agreed to have an annual inspection. At this time I was pulling their trailer... Of course O passed with flying colors.
I bought my own trailer 6 months later, during the past 6 months, they sent a letter to everyone (supposedly) wanting to start inspecting every 3 months. Their reason... because they are NOT in the traffic line, the trailers weren't getting serviced. They used the inspection excuss to force drivers in to service their trailers.
Ok I now have a brand new trailer 6 months old now and I decide to let them inspect them.. The first thing they do is start adjusting my trailer brakes... One bozo is standing on the ground pulling down the glad hand to no specific air pressure, actually all the way down to 120 psi.. and the other one under my trailer playing with the adjustments... I needless to say was screaming and raising hell and finally got them away from my equipment, but the damage was done.. It took me almost 6 months to get my auto slackers adjusted correctly. We are talking a truck and trailer braking setup that was setup so perfectly that I could lock them up at 30mph and the trailer would not want to jack knife. After they did there damage, the trailer did nothing but want to Jack knife. I had to adjust and re-adjust until the trailer braked the same time the tractor did. it took me another couple months to be able to get the rear axle to quite leaveing faint tire marks on the ground. (not skid marks), but you can tell that that axle was braking harder than the rest. I have it all working correctly now, but not after pulling my hair out first.
Since then I have absolutely refused to go back for quarterly inspections. I have told them I'll go to any garage and I have even stated to pay for it myself. They know my comlpaint is legit and haven't pushed the issue. But not it time for my annual and I don't want those idiots within 5' of my equpiment.
They sent me a letter stating the "INSURANCE COMPANY" is stating that we have the trucks inspected at the company shop... Not a certified garage,dealer, truck stop.., but their shop and I think its a bunch of LIES.
This is why I have this post here... Has anyone every heard about this anywhere else... The inspection isn't the issue.. The money isn't the issue... its letting billy bob and (edited) touch my truck.
I feel strongly enough about this that I am thinking about changing leases... If my company is going to adopt some of Ligons/landstars polocies... I might as well as lease with Landway and recieve all the benifits that my company doesn't like basic things as National tire acct, equipment purchase discount and a choice of freight..
I'm at cross roads right now and I don't like being lied to and that is what I'm trying to find out...
Andy
Answer
While with Roberts Express, we had to have an inspection every 3 months. They paid for it, and it was done at their "approved" locations. There were plenty of places, so it was not a problem getting to an inspection facility. Hot Shot uses TA exclusively for inspections .. but there are a lot of them also.
Russ, the location you speak of was "Safety Lane" and it was behind Sapp Bros there in Omaha.
Monty