Boat Held Hostage By Marine Transport Company

[tropicalescape]

Originally Posted by Dsanduril

Trop, no offense your knowledge or expertise, but can you back that up by citation of any law? I cited my sources previously in this thread, and, based on only one side of the story (which I admit is not a good place to start), it appears to me that a "crime" has indeed been committed. It is criminal for a carrier to hold freight for anything other than the agreed upon freight charges, and then only after attempting delivery at the consigned destination and being refused payment. Anything else is by definition of the law "conversion". Please see the citations as previously posted.

On the civil side there is also the concept of the "informed shipper". As is clear from this thread, the OP does not qualify as an informed shipper, while the carrier, based on his website advertising, holds himself out as an expert in the matter of boat transportation. As such, the court will question who "should have known better" and will come down squarely on the side of the shipper. You don't want it to go to court? Then it is incumbent on the professional to behave professionally, which, again from a one-sided perspective, does not appear to be the case here. A professional would immediately notify the shipper of the location of the boat, and provide certified weigh tickets to substantiate his claim.

Do you ever get your hang gliding students up in the air, and then tell them "oh yeah, the price of this lesson didn't include instruction on how to land safely, if you want that you'll have to pay extra, and I want cash up front before I tell you how to do it without breaking your knees"? That's about how I view the actions of the trucking firm.

And then there's this:





If you're not in contact, how do you know he asked to have people call him? I certainly haven't seen that request here, on SA, or on his website.

I have talked to him twice,not constant contact...

[Argyle38]

All I have to say.

[lateral]

Takes a great man to be right, & a greater man to admit he's wrong.
Seem a current disease; Nobody is willing to be accountable these days.
And then there is the definition of stupidity........................

[tomfl]

Originally Posted by tropicalescape

I was refering to gov. scales..I would guess this man knew the weight was wrong ,he said once it was loaded he could not off load it as no one would allow it at their marina...That it was "POS"..I dont know it looked ok to me from the photos..

Wow, this thread is getting to be too long to keep up with. Every time I check it out seems like there are 10 more pages. But some things never seem to change. There always seem to be more and more holes in the trucker's story.

Sorry tropical I am not buying the story about a weight issue you and the trucker are trying to sell.

As others, including me, have posted there are truck scales all over the place. Truckers almost always check out what their truck/load weighs at truck stops or other commercial scales before they hit a DOT scale so they know what to expect. Truckers also have books and apps that can be used to quickly locate where scales are located.

Even if a scale is not at the load site an experienced trucker should have no problem looking at the trailer and tires and estimating the weight of the load.

The real killer for the trucker is that he seems to be claiming he noticed a weight issue when first loading the truck, yet he continued on and by the OP's account never found it an issue till El Paso which is about half way across the country.

This story just keeps getting worse and worse for the trucker.

[kiwitrucker]

Tropic, You seem to think you know more than people who have direct experience in this field including a couple of lawyers that posted on here. You also claim that you have no connection to this trucker yet you seem to know all about him. These to things tell me you are trying to white wash what he did and it appears he has pulled the wool over your eyes or you are in collusion with him. A CRIME HAS BEEN COMMITTED. I have quoted the law to you but you don't seem or don't want to take notice. You really make me wonder what your connection is in this matter. The more you say the more I know I would never have bussiness dealings with you or for that matter the trucker.

[tropicalescape]

Originally Posted by tomfl

Wow, this thread is getting to be too long to keep up with. Every time I check it out seems like there are 10 more pages. But some things never seem to change. There always seem to be more and more holes in the trucker's story.

Sorry tropical I am not buying the story about a weight issue you and the trucker are trying to sell.

As others, including me, have posted there are truck scales all over the place. Truckers almost always check out what their truck/load weighs at truck stops or other commercial scales before they hit a DOT scale so they know what to expect. Truckers also have books and apps that can be used to quickly locate where scales are located.

Even if a scale is not at the load site an experienced trucker should have no problem looking at the trailer and tires and estimating the weight of the load.

The real killer for the trucker is that he seems to be claiming he noticed a weight issue when first loading the truck, yet he continued on and by the OP's account never found it an issue till El Paso which is about half way across the country.

This story just keeps getting worse and worse for the trucker.

Im not trying to sale anything and if i were I would of sold it to you! I wrote that he said he drove from Hampsted to Lake Norman and loaded on to another trailer,thats about a 4 hr drive..after they loaded the boat they would not unload it ,he said..so I guess he knew it was overloaded from the beginning but could not get it unloaded!?

[S/V Illusion]

Originally Posted by lateral

Takes a great man to be right, & a greater man to admit he's wrong.
Seem a current disease; Nobody is willing to be accountable these days.
And then there is the definition of stupidity........................

That concisely sums up this whole fiasco.

[tropicalescape]

well why in hell dont you go and arrest him ? better yet why do the police not go and arrest this criminal? Why? Why? If I go awry to the law i feel like they would arrest me...why dont they arrest this guy ? WHY?

[tropicalescape]

Originally Posted by kiwitrucker

Tropic, You seem to think you know more than people who have direct experience in this field including a couple of lawyers that posted on here. You also claim that you have no connection to this trucker yet you seem to know all about him. These to things tell me you are trying to white wash what he did and it appears he has pulled the wool over your eyes or you are in collusion with him. A CRIME HAS BEEN COMMITTED. I have quoted the law to you but you don't seem or don't want to take notice. You really make me wonder what your connection is in this matter. The more you say the more I know I would never have bussiness dealings with you or for that matter the trucker.

Aaa, you say that about all the americans!You cant do business with me because I also have a basic comprehntion clause in my waiver...What crime has been perpurtrated here? where and when will the Law be moving on the henious crime ,us less intelligent want to know ...When will arrests be made?

[Dansante85]

I'm like some other posters, there are so many pages now I can't find what I am looking for. Didn't someone post that they had run Big Dog Marine's DOT number and it was not valid or something? Seems like someone made a point yesterday that everything the trucker claims against the boat owner goes out the window if he is protraying himself as a commercial operator but does not have the proper credentials. Maybe TropicalEscape can speak to this as he claims to know that Dan is running a successful business.

[kiwitrucker]

It is a crime under The Interstate Transport Regulations. As I told you A trucker can not hold a load till its paid for. He can only take it to the destination and refuse to open the doors (van) or undo the restraints on the load (deck) until he is paid. usually by certified check or cash. He has no rite to money for repairs to his truck. One can Commit a crime and not be arrested. It depends what regulations the crime is committed under.

[kiwitrucker]

It is true that his DOT number has been with drawn for non compliance. It would only take one stunt like this to have it removed.

[ohdrinkboy]

Three certified truck scales with weighmasters available 24 hours per day - Port of Wilmington

Certified Scales -1410 Commonwealth Dr, Wilmington, NC 28403-

Lots of scales the trucker could have used.

BTW - I used Anchors Away boat yard when I refitted my boat about 6 years ago. Great guys and did good work. Small yard with a personal touch. I found them really easy to work with and did what they said they would do. I would think if the trucker had called the OP when it was being loaded and said it was overweight something would have been worked out if the yard had to hold it longer.

[tropicalescape]

Originally Posted by kiwitrucker

It is a crime under The Interstate Transport Regulations. As I told you A trucker can not hold a load till its paid for. He can only take it to the destination and refuse to open the doors (van) or undo the restraints on the load (deck) until he is paid. usually by certified check or cash. He has no rite to money for repairs to his truck. One can Commit a crime and not be arrested. It depends what regulations the crime is committed under.

Very good ,if this is the case then the driver dosnt have a chance...now about that contract, the driver could say that the two of them agreed that since he had to change trailers he and Bob agreed that the price for the load would double,or that since the sun came up in the east this mourning he would only charge him 250.00 for the whole trip, this mess is up in the air because it appears that there is no point of performance ,many things were said and done that were not part of the original deal and the best thing these people could do is to sit down and work it out and that brings me back to where I entered this conversation....

[Celestialsailor]

Originally Posted by Cheechako

the basic note of the story was that often the cops say it is a civil matter.

To me this is the brunt of the problem. There is no bite to the bark. If there are no consequences then they will keep on doing it.

Originally Posted by tropicalescape

....I was amazed at how people could take one side of a story and run with it to the point of "lets all find this guy and lynch him for pissing off one of our cruser forum members"!
...or how others could do the same "you are all wrong and I'm right"


If anyone else has a ? for the truck driver call him ,dont ask me ,i am not his agent

...Seems like you are. I'm still trying to figure out why you would call a total stranger and get involved the way you did.