Fuel Surcharge

Mrand Mrs

Expert Expediter
If a o/o's contract doesn't specifically state that he should get the fuel surcharge, is it legal for the company to keep it?

Thanks for any advice!!
 

RichM

Veteran Expediter
Charter Member
Pure and simple. a Fuel surcharge goes to the individual who is paying for the fuel. If your carrier is billing a FSC and not passing on the fuel surcharge to you, you should find a new carrier.
 

miko

Expert Expediter
And that is easier said than done, nobody hires van drivers right now.
Last week I spoke to a TriState recruiter in Detroit, too many vans, too little freight. I was told, Panther hires 15 drivers a week troughout the states, if they make any money, is not of interest.
Yesterday in Toledo, more than 7 expediters sitting...
Where will you find another carrier these days, who will pay you all the dead head and fuel surcharge accordingly??? They all work into their own pockets and claim they don't charge...yeah right.
 

dukesadog

Expert Expediter
There was a recent truck convoy to protest this very thing against the port of Miami I think I saw the number in excess of 500 trucks. The port/steamship lines charge 115 dollars fuel surcharge per container that the driver/owners never get, hence the reason for the protest....see OOIDAs web page.

Maybe someone needs to protest the customer of the products received as well, get them some media attention, let their customers know exactly who is pocketing what and why the rates have gone up and why.

Hawaii just implemented the first cap on wholesale oil prices to fueling stations, the first US state to take action, hopefully other states will follow.

Dukesadog
25 yrs driving
 

davekc

Senior Moderator
Staff member
Fleet Owner
There was a recent truck convoy to protest this very thing against the port of Miami I think I saw the number in excess of 500 trucks. The port/steamship lines charge 115 dollars fuel surcharge per container that the driver/owners never get, hence the reason for the protest....see OOIDAs web page.

Apparently this is having a chain reaction. News out of Memphis, TN is that they are debating a strike or shut down as well at their ports.

Keeping the fuel surcharge from the owner operators during such high fuel costs, is an outrage.
They should be embarrassed. There is no call for that kind of foolishness and greed.:'(

Davekc
 

highway star

Veteran Expediter
Owner/Operator
Companies have no legal obligation to pass FSC money on to the contractors. The recent highway bill that was passed was to contain FSC legislation, but it was eliminated at the last minute.
 

dukesadog

Expert Expediter
There is a pretty good news video floating around showing the total outrage of people that are being charged temporary fuel surcharges.

The one I saw was on Comcasts "The Fan" regarding the subject of "if you dont drive you will still be charged" There was a Moving company a taxi service and a Resturant in Atlanta being interviewed as well as people on the street.

The General attitude was that we...truck drivers are greedy crooks and that these people didnt see any justification to why we were charging them for a fuel surcharge? I find it hard to believe that people are that ignorant.

I would bet that sooner or later these companies that are stirring up trouble over the FSC will be boycotted. Keeping in mind that the resturant is a small business, I can just imagine what goes on in the larger companies. I do know that one of the big do it yourself stores...(orange sign) pays only a small percentage of what they are charged each month and says take it or leave it....too much fear of losing an account makes carriers bite the bullet.

I have chosen not to shop there or do any business with them at all.


Dukesadog
25yrs driving
 

Mrand Mrs

Expert Expediter
Imagine how the public would feel if they found out that the fuel surcharge that they are so upset with paying didn't even go to pay for fuel? Do you think that they'd be happy to know that their fuel surcharge went to make some fat b****** fatter? The extra money they were charged to offset the rising cost of fuel could have been used for a nice day at the spa for Mrs. Carrier.

Our former carrier charges their customers a fuel surcharge but never passes it on to the owner-operator. The fluctuation in the gas prices and the fuel surcharge only means a fluctuation in their profit. To me, this seems like fraud.


Thanks for all your posts.
 

Wolf_Exp

Expert Expediter
Just to let you know-- was reading the thread about no one is hiring any van drivers. Well business is picking up id say. Im leased on with Try Hours out of Maumee. I just put on 2,096 miles this week. Probably woulda done more if i didnt take two days off. And as far as I know they are looking for all three Straight, Semi, and Cargo.
 

LDB

Veteran Expediter
Retired Expediter
How long have you been with them and do you know your weekly average since starting? That would be good information if available. Take care.

Leo
truck 4958
73's K5LDB

Support the entire Constitution, not just the parts you like.
 

Mrand Mrs

Expert Expediter
I'd also like to know what your weekly average is since you've been there. We had some excellent weeks too....

This business is a bit like a gambling addiction...when you have a couple good weeks, it's almost like a rush...you think, ok, here we go, I'm gonna make the money now...but then you have a few just ok weeks, coupled with 2 or 3 bad weeks....but you're still trying to always get that high of some awesome loads...for us, the good weeks were too few and far between.

That's how people fail in this business....you put yourself in debt trying to stick to it until you really start rolling...then you keep going even though you know you're losing money because you have so much invested...Couple that with dishonest carriers...it's sure disaster...

I know, we deserve a big "TOLD YOU SO!"
 

LDB

Veteran Expediter
Retired Expediter
So give us the scoop on LEA. What size unit? Solo or team? Weekly paid miles and d/h miles? Do you use their loadboard often to keep moving or do you get all you need from dispatch? Is their loadboard helpful to some drivers or is that mainly a talking point for recruiting?

Leo
truck 4958
73's K5LDB

Support the entire Constitution, not just the parts you like.
 

greg334

Veteran Expediter
Maybe I missed the answer to the question “If a o/o's contract doesn't specifically state that he should get the fuel surcharge, is it legal for the company to keep it?”

Well here is my take on it.

What is in the contract goes, outside of that there is no contractual obligation to give anything else to you. If it is not spelled out in your contract with the O/O that you get FSC, you don’t get it. It does not matter if you pay for the fuel or not, if it is not in the contract, you may not get it. Now this does not mean that a good fleet owner or company would not pass on the FSC on to you as a courtesy which happens.

My advice to anyone reading this; unless you have had to read contracts for a living and understand all the crap in them, take it to a lawyer and have them explain it to you. It is worth the $250 you spend.
 

BULLRUSH

Expert Expediter
i drive a cargo van i work when i want,no force dispatch and adv pay to truck with (fsc) is $1.12 to the truck but most of the time it's between 1.07-1.45 for over 350 mile and betwwen 1.23-1.65 under 250.ps more weight means higher the pay.
 

ms379pete

Expert Expediter
>I would bet that sooner or later these companies that are
>stirring up trouble over the FSC will be boycotted.
>Dukesadog
>25yrs driving

Please note that this is taken directly from www.truckerslobbyist.com ---

I quote "

On Sept. 21 - 23, 2005, I will be shutting down my truck for 72hrs., and will boycott the opposition that was listed on a letter asking the following U.S. Senators (Ted Stevens (Chairman), Daniel K. Inouye (Ranking Member), Trent Lott (Chairman), all serve on the Senate Committee on Commerce, Science and Transportation, not to include section 4139 language (mandatory fuel surcharge) in the Highway Bill that passed the House by a 410-09 vote.

I am asking every independent owner/operator to join me in exercising our Constitutional Right to petition our Washington representatives and the freedom of speech . Call, Fax, and Email them in Washington and at their District office, and ask them to pass legislation exempting us (independent owner/operators) from the current antitrust laws that our carriers are hiding behind to inflate deductions, and with-hold revenue that should be paid directly to the trucker.

Also, pass a mandatory fuel surcharge bill that would pay 100% to the person incurring that expense. The consumer has been on a free ride at the truckers expense for decades. The passing of a fuel surcharge will in no way effect the price of goods like the passing of the minimum wage did.

Go to the following website's to contact your Washington representatives: ussenate.gov, and ushouse.gov.

I am also asking you to join me in boycotting the organization’s listed in the opposition letter, they are:

AMERICAN TRUCKING ASSOCIATIONS

AIRFORWARDERS ASSOCIATION

ALLIANCE of AUTOMOBILE MANUFACTURERS

AMERICAN BAKERS ASSOCIATION

AMERICAN ELECTRONICS ASSOCIATION

AMERCIAN MOVING and STORAGE ASSOCIATION

ASSOCIATED GENERAL CONTRACTORS

ASSOCIATION of EQUIPMENT MANUFACTURERS

AUTOMOBILE MANUFACTURERS ALLIANCE

CONSUMER ELECTRONICS ASSOCIATION

FOOD MARKETING INSTITUTE

HIGH TECH AIRFREIGHT SHIPPERS COALTION

MOTOR FREIGHT CARRIERS ASSOCIATION

NATIONAL ASSOCIATION OF MANUFACTURERS

NATIONAL BEER WHOLESALERS ASSOCIATION

NATIONAL ASSOCIATION of WHOLESALER-DISTRIBUTORS

NATIONAL GROCERS ASSOCIATION

NATIONAL INDUSTRIAL TRANSPORTATION LEAGUE

RETAIL INDUSTRIAL LEADERS ASSOCIATION

SNACK FOOD ASSOCIATION

TRANSPORTATION INTERMEDIARIES ASSOCIATIONN

UNITED STATES CHAMBER of COMMERCE

Now I am sure that some of the above depend upon the independent owner/operator for there goods. Call, Fax, and Email them if you can and let them know that the future of there business depends on the ability of the independent owner/operator to survive.

The economic stability of the United States depends on the movement of goods to the consumer. The independent owner/operator is a vital part of that stability, without us the economic impact would be devastating.

“SO HOW ABOUT IT, WASHINGTON? DO THE RIGHT THING!”

If you would like to make a contribution to continue my efforts, please make check or money order to; Fezekas Lobbyist Fund, P.O.Box 925, Meraux, La. 70075-0925 or go to Bonnie's Country Store and buy a t-shirt or hat.

" end quote

So now do you see why this 72 hr shutdown is so IMPORTANT TO EVERYONE!? :)
 

Runningonempty

Expert Expediter
With the impending rise in fuel prices I just had to sell my truck and downsize to something more fuel efficient. I got a great deal on some logs for the winter so at least I'll be warm. I have a small trailer I can hook up to carry extra fire wood in case I get sent to Pembina this winter.

Peace:p
 
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