Yep. Or, where it says "ABC heavy haul" you could write in "Brokered to MacKinnon", or you could make out your own BOL for MacKinnon and have them sign both.

Yes and yes. It happens ALL the time.

It can be I suppose. You would still have the rate confirmation to back you up, but having a BOL listing you as the carrier would be nice when filing in the brokers bond or when taking them to court.....should they decide not to pay you.

 

If the broker is listed as "carrier" who's responsible for the freight, if something happens? Fire, theft, vandalism?

 

I imagine everyone goes after the party they hired.

 

I am glad somebody brought this up. I would suggest that whomever hauls the load place their carrier name and MC# in the space of carrier. If in the event of non payment by the shipper, what ever company is listed as the carrier on the bol will be the one that has first dibs on any claims. There has been case law in the past that has said that any unsatisfied or open bols go first in line of any other creditors in the case of bankruptcy. I know it is common practice in the industry for a shipper or consignor to place their brokers' name in the carrier slot so to know who will be billing for this load. A bol is actually a federal contract to haul, receipt for goods, and title to goods while enroute. If the DOT really was concerned about homeland security and the like they would question why close to 50 percent of bols do not reflect the name on the door of the actual truck hauling the cargo. How do we track the chain of custody?
Another aspect of this is, in the event of a crash the injured party will sue anyone associated with the shipment. Under the so called "logo" law any companies on that bol will be named. So why would someone take on that liability if they are not actually hauling the cargo, or in the case of a broker, not insured and forbidden by federal law from taking an interest in said cargo. The vast majority are unaware of the risks their actions or inactions take.

 

I think this happens because nowadays everyone and their nephew are opening freight brokerages ("the best home business?") and they don't bother getting educated in legal aspects of trucking contracts.