I dont understand how someone can drive expidite loads

[ATeam]

Mr Runner: the owner who gave permission has the option of revoking it at any time, for any reason, and has only to say that he did so to file theft charges against the driver who refuses to return or park it. You may feel you have the right to 'keep' the vehicle because he owes you money, but when a LEO spots the 'stolen vehicle' and arrests you, he isn't going to accept your explanations.
Getting away with it is what gets a lot of criminals caught, when they try it again - just sayin.

We once ran under such a contract. The fleet owner left himself wide open to a driver using the truck as an RV and providing nothing in return. To terminate, the fleet owner would have to provide 30 days advance notice, giving the driver an additonal 30 days to party with the truck. Many contracts are poorly written.

Maybe yes. Maybe no. It would depend on the provisions of the contract. For example, if the contract requires 30 days notice from either party to terminate, the driver can keep the truck for that long and run it as provided by the contract. If the owner reported the truck as stolen in that time, he or she would be guilty of filing a false police report, something the police do not look kindly upon.

 

[cheri1122]

Phil: you are correct. However, it is the owner who wrote the contract, and knows what the terms are - very often, the driver does not. You notice the OP makes no mention of what the contract requires as far as when the vehicle must be surrendered - it's surprising, but many simply don't know.
The owner is not likely to report it stolen within the period contractually permitted for return, IMO. Nor is that period likely to be extended in the case of an owner who may or may not pay the contractors when their monies are due.
30 days notice is pretty rare - I've never heard of more than 15, and often just 7.

 

[davekc]

A little of this depends on what state you are in. Phil is correct in that it can't be deemed stolen until you are past that contractual date. At that point, a police report is issued followed by a stolen vehicle insurance claim. Money owed or not doesn't enter it . That is a small claims issue.
You may be charged for theft or as mentioned, misuse of an auto/vehicle. One is a felony and the other is a misdomeanor. Neither is good on a job application. Several things determine that. Not so much in expediting, but the truck load folks deal with this all the time.
For me personally, I would just let the police and the insurance company handle it.
And believe me, once the insurance company is involved, you don't want to be on the wrong end. They will come after you for recovery and damage charges. Just ask the truckload companies.

Almost forgot. Can't forget the QC. The fleet owner most of the time leases that. With a letter from the carrier, that item would also be considered stolen if not recovered, but that claim is on behalf of the carrier.

 

[Mailer]

Really I drove to tri-state for 11 months
because in my town/state there is little work so I decided to try this side of the business and left my family to help support them even after I heard all the stories about owners not paying drivers (which makes me twice as dumb) anyway I went to work and from day one I had to worry about getting payed turns out that was the last thing to worry about I sat in many truck stops for days waiting to make a few bucks it got to the point to where any load started looking good even if it payed only for food and a shower and then sit some more waiting for that handout and off again. I hung in there as many experienced driver would tell me (things would get better soon) at one point I had to have money sent to me from the family I was out there to support at times I would sit there and laugh at myself because I was wasteing my life doing what sitting for a few bucks (keeping in mind everyone said we would make good money) as I had a lot of time sitting I would read everyones post and seen a pattern of drivers not getting paid by owners (What companies don't pay there drivers) come to find out it is only in this field or part of the business. we would stay out 6-8 weeks at a time and made approx. 300 a week and at last the owner we drove for went broke and out we went without our pay only to be told from tri-state that we don't work for them and there is nothing they can do to help this I understood (but bet ur *** we drove for them when the load was important) so we signed on with experditers services (red trucks) nice company always payed on time but no loads so I decided to go home if I was going to make 1.00 an hr or less 24/7 in the truck lol I got lucky and landed a job 30 miles from home and a hell of a lot more money after 2 years I still see the same stories on here no loads and owners not paying drivers let me make this clear (not all owners are bad) some are very good just there hands are tied if there is no loads. I would advise for drivers to become more together and stop this owners nor companies like tri-state can operate without someone in the drivers seat to make them money. I learned that if ur so down your willing to do whatever it takes to support a loved one that your willing to take the chance I learned if your willing to continue knowing all this then your in the right place if your not then go home and sign on with a major company it don't matter your level of years driving most companies (real) will train you and pay you 35 cpm don't seam like a lot of after the end of the week its a lot more then you will make sitting at the local truck stop and best of all you don't worry about getting payed so get out of the truck go home if your not happy with the miles or owner and get a real paying job or shut up and continue your new life (again not all companies or owners are bad) everyone is out for the same thing money the problem is the driver is the one that has to worry if they are getting payed because the owner is the first to see your money and in most cases will be the last to see it. in the real business of trucking this only happens in expediting I have never heard of swift or one of the big companies not paying there drivers why you should ask ur self good luck to everyone and if you are the one that is in this position then what are you doing still sitting there.

Spamming? Thanks, but no thanks.

 

[runrunner]

If it worked for you, great, but I repeat: it is bad advice for others to follow.

Again you are correct it probably is bad advice. I'll phrase it differently. If someone owes you money and you have possession of there property,if you play your cards right you can make it cheaper and more convenient to just pay you. I guess that's where some diplomacy skills come in handy.

 

[jay1966]

If you keep an owners truck after he request you return it that isn't Grand Theft Auto because you have an operational agreement with the owner but as with most rental property failure to return the property is considered Theft by Taking or Theft by Conversion and you could be arrested.
The non paying owner could also be Charged with Theft of Services for not paying a driver and as an independent contractor the driver could place a lien on the vehicle if the amount owed was substantial.
The reality is this would have to be done in the state where the truck was registered and the driver would have to travel there or have an attorney appear at hearings and unless your owed thousands of dollars it's not worth the return on your time and trouble.
The most that will happen if the driver wins is that ( in some states) the owner will not be allowed to renew a license plate till the lien is paid.

 

[davekc]

If you keep an owners truck after he request you return it that isn't Grand Theft Auto because you have an operational agreement with the owner but as with most rental property failure to return the property is considered Theft by Taking or Theft by Conversion and you could be arrested.
The non paying owner could also be Charged with Theft of Services for not paying a driver and as an independent contractor the driver could place a lien on the vehicle if the amount owed was substantial.
The reality is this would have to be done in the state where the truck was registered and the driver would have to travel there or have an attorney appear at hearings and unless your owed thousands of dollars it's not worth the return on your time and trouble.
The most that will happen if the driver wins is that ( in some states) the owner will not be allowed to renew a license plate till the lien is paid.

A non paying fleet owner say that is broke or whatever, can't be charged for theft of services. A driver can recover lost monies through a small claims court. One can represent themselves unless you are talking about big money.
You would still have to go to small claims court anyway in order to get a lien. You just can't make one appear. A pay issue is likely to get resolved at that point. As far as going to another state, that isn't necessary. That is why a carrier for example files a insurance claim. Insurance company would handle that part.
People have to realize, that theft, abandoning, of a vehicle is not related to revenues provided for service. They are two separate issues and that is how a court always looks at that.

 

[cheri1122]

Thanks, Dave, for clarifying with the last couple sentences - that's the point I wanted to get across. Drivers who feel that keeping the vehicle for monies [they believe] due is reasonable are opening themselves to arrest. I felt that needed clarified, as it seems to be a somewhat common theme among new[er] drivers.

 

[scottm4211]

Sharia law doesn't apply to this industry.

 

[davekc]

Thanks, Dave, for clarifying with the last couple sentences - that's the point I wanted to get across. Drivers who feel that keeping the vehicle for monies [they believe] due is reasonable are opening themselves to arrest. I felt that needed clarified, as it seems to be a somewhat common theme among new[er] drivers.

That is where some of these guys get in to trouble. They could get lucky if the fleet owner lacks knowledge in that area and understand what options are available. The larger truckload carriers have a legal department or a staff attorney to deal with these things but one doesn't have to go to deep for information.
Just common sense for the most part. Imagine thinking you got shorted 100 bucks or something with JB, Schieder,Swift or any other carrier and decided to keep their truck?
Very bad idea and those type of carriers don't mess around. You will have police, insurance, and the court in your life for awhile.