From the Driver’s Seat

December, 2013

Driver 2134 Rinat Yagudin w New Truck 001Tired of talking and working towards solutions that never come to fruition, the New Jersey Motor Truck Association is considering either lodging an official complaint with the Federal Maritime Commission (FMC) or filing a lawsuit to compel New York/New Jersey marine terminals to pay for driver waiting time outside their gates.  Their current tariffs require driver detention after about two hours, however, the time is calculated on the time spent inside the terminal gates and does not include any outside queue time.  Should the association choose the FMC route, the complaint would be filed under the Shipping Act provision “prohibiting terminals from engaging in unjust or unreasonable practices, undue preferences or advantages, or unreasonable refusal to deal or negotiate.”  Should they choose the lawsuit route, it would be breach of contract.