The law regarding Lumping....
This was emailed to me from RozePedalz, an O/O in NY. Felt it was worth sharing, I have not changed the wording....
LUMPERS - WHAT THE LAW SAYS
Thanks to Charles Villareale, the Pennsylvania state representative, for
finding this. Here is the law about drivers being forced to load/unload
their trailers or pay lumpers to do it. Print this out, carry it with you and
demand that the law be obeyed. When drivers stand up for what is right
(and in this case, legal) we can be a strong force for change. The law is
on YOUR side in this case!!
U.S.C. TITLE 49 - TRANSPORTATION
SUBTITLE IV - INTERSTATE TRANSPORTATION
PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT
CHAPTER 141 - OPERATIONS OF CARRIERS
SUBCHAPTER I - GENERAL REQUIREMENTS
§ 14103. Loading and unloading motor vehicles
(a) Shipper Responsible for Assisting. - Whenever a shipper or
receiver of property requires that any person who owns or operates a
motor vehicle transporting property in interstate commerce (whether or
not such transportation is subject to jurisdiction under subchapter I of
chapter 135) be assisted in the loading or unloading of such vehicle, the
shipper or receiver shall be responsible for providing such assistance or
shall compensate the owner or operator for all costs associated with
securing and compensating the person or persons providing such
(b) Coercion Prohibited. - It shall be unlawful to coerce or attempt
to coerce any person providing transportation of property by motor
vehicle for compensation in interstate commerce to load or unload any
part of such property onto or from such vehicle or to employ or pay one
or more persons to load or unload any part of such property onto or from
(whether or not such transportation is subject to jurisdiction under
subchapter I of chapter 135); except that this subsection shall not
be construed as making unlawful any activity which is not unlawful
under the National Labor Relations Act or the Act of March 23, 1932
(47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as the Norris-
In plain English, part a states that if the shipper or receiver says you
have to have someone else help load or unload your vehicle, they have
to provide someone to help you or pay you all it costs to have someone
Part b states that no one can FORCE you (or even TRY to force you)
to load or unload any part of any interstate load. It also says that they
cannot make you pay someone else to load or unload, either.
The law is on the books. All that is lacking is enforcement. If enough
drivers refuse to be bullied into allowing that law to be broken, we can
enforce the law ourselves.
This point is mute, as the law serves both sides of the issue.
If the company is reimbursed for costs in lumping then the law has been satified. Then it is up to the company to do what ever it wants in regards to the driver (company driver).
If the O/O is leased to a company and gets it's loads through that company, then the O/O has to be given all loading and unloading fees. But the company that the O/O is leased to make the discission on what the amount that is to be charged for loading and unloading.
If the O/O has his own authority, then that O/O deals with what amount he should charge for the loading and unloading of a load. The shipper or reciever though does not have to agree with the fee and if they don't then the O/O is not forced to accept the load.
Being a company driver, all the company has to do is say the driver will not be payed for loading or unloading. And if the driver does not agree with that then that driver does not have to work for that company. Many companies tell the drivers that they have to load and unload the car and they will be payed by the hour. Most companies pay the driver a flat fee and leaves it up to the driver on how he wants to have the car loaded or unloaded, as long as it gets done.
As long as the laws stay the same, nothing will change.
That is the end of MY STATEMENT.
The law says, basically, that a receiver or shipper can't force you to hire a lumper. That doesn't mean that they can't force you to finger print a load.
Like Robert says whether or not drivers are aware of it there are sublimial cost in shipping that include loading/unloading. So I have to agree the law helps very little and is moot.
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