Posts Tagged “bills of lading”
Truck brokers, freight forwarders, as well produce grower/shippers and receivers could face fines totaling as much as $10,000 per violation and per day if refrigeration equipment on the trucks they hire is not in compliance with new California regulations becoming effective with the New Year. The penalties apply even if the trucks are only passing through California and do not stop in the state. The rules apply under California’s Health and Safey Code.
The regulations stem from the California Air Resources Board (CARB) and covers truck and rail owners and operators, plus any “hiring entity” using their services.
These issues were dicussed during a recent web seminar sponsored by Western Growers, Irvine, Calif., the California Grape and Tree Fruit League, Fresno, and C.H. Robinson Worldwide Inc., Eden Prairie, Minn. Also participating was Rodney Hill, an air pollution specialist from CARB who helped develop the rule.
As an example of rule violations, Hill said a truck loaded in Arizona and traveling through California on its way to a delivery point in Oregon could be fined, even though no deliveries are made in California. The rule applies because the truck is operating within the state. It doesn’t matter where the truck is licensed.
Hill Compliance for hiring entities shouldn’t be too difficult, though, according to Hill and others in the Web seminar.
Matt McInerney, Western Growers executive vice president, said due diligence and documentation are the keys to keeping produce companies out of trouble. Hill agreed with that assessment.
“Begin changing your contracts now so you will be ready Jan. 1,” McInerney said.
“For those of you who have pre-printed pads of bills of lading, I know you want to use up what you have. But you should get new ones printed, or get a stamp made with the right language so you can add it to the forms you have on hand.”
Hiring entities and loading dock personnel, Hill said, will not be expected to inspect refrigeration equipment to see if it is compliant.
However, if the equipment is not compliant and the hiring company’s contracts and other documents don’t have language showing it required the carrier to use compliant equipment, citations and fines will be issued, Hill said.
It is difficult to find anyone in the trucking industry more aware of the checkered past of truck brokers than Jimmy DeMatteis. For this reason, and simply because it is the right thing to do, Jimmy goes out of his way to make sure those people behind the wheel of the big rigs get a fair shake.
As president of Des Moines Truck Brokers, Inc. (DMTB) he knows the reputation of the company’s 43 year history is on the line with each load. It all began in 1951 with his dad, James A. DeMatteis (Jim Sr.) hauling produce. By 1960 he was a small fleet owner and three years later became a broker of exempt commodities.
Jim DeMatteis Sr. with LJ Mack circa 1960
Jim Sr. started DMTB in 1969 and remained a one-man operation until 1984 when James R. DeMatteis (Jimmy) came aboard.
“We have always been advocates for small carriers and their success,” Jimmy says. To back up his claim, just go the company’s website at: www.dmtb.com where it states, “Our reputation for paying carriers is second to none”. DMTB has a policy to pay all carriers within one day of receiving the carrier’s freight bill.
Jimmy has served on the board of the Transportation Intermediaries Association (TIA) for the past 6 years “because I believe in our industry and I want to see us do it right.”
Jimmy also serves on the Executive Committee of The Alliance for Safe, Efficient Competitive Truck Transportation (ASECTT) whose main focus is addressing “all the fallacies and flaws in CSA-2010.” He notes the Federal Motor Carrier Safety Administration (FMCSA) decided it was “going to ram this program down the throat of every motor carrier.” As a result ASECTT filed a lawsuit. It resulted in the FMCSA having to reevaluate the way it rated carriers through alerts in its safety management systems. The ratings system has resulted in safe carriers being rated as unsafe. “We want FMCSA to do their job. Their job is to determine the safety fitness of the motor carrier community. Instead they have chosen to deputize the motor carrier, shipper, and broker communities to do their work”
“We want the FMCSA to state they are the party responsible for a carrier’s safety fitness, not the shipper, not the broker,” he states. “Shippers are putting things in contracts based on CSA scores that black list many good small trucking companies. Carriers get put out of business because shippers or brokers won’t work with them as they are deemed unsafe by these scores or alerts.”
The problem comes from the FMCSA basing its program on percentages. “No matter how many bad carriers you get rid of, you are always going to have 35 percent that are going to have alerts. This is very damaging to small carriers. It works well for large carriers and gives them a distinct advantage,” Jimmy states.
Based inNorwalk,IA, DMTB recently moved into new facilities shared with a sister company, Capital City Fruit, with whom it has a 43-year relationship.
Jimmy emphasizes small trucking operations are the backbone of the trucking industry.
“I want to think we at DMTB get it. We treat others with respect, we pay fast and take time to talk to our drivers,” he says. Des Moines Truck Brokers has a policy if a driver walks into its office with bills of lading and the staff has not met that trucker before, everyone stands up, and introduces themselves and shakes his or her hand.
“We in the logistics industry all do important work, but at the end of the day, the person doing the most important work, is that guy or gal out there behind the wheel,” Jimmy states.
For more information about Des Moines Truck Brokers, Inc. go to www.dmtb.com or call 800-247-2514