Boat Held Hostage By Marine Transport Company

[The Blue Heron]

I would contact a private investigator. Would help with the insurance paper work

[ohdrinkboy]

There has to be some trucking bulletin boards. Try finding some and posting there, but limit your story to trying to find your boat. Maybe even offer a $500 reward.

[fstbttms]

Originally Posted by ohdrinkboy

but limit your story to trying to find your boat.

I dunno about that. I bet real, honest-to-God truckers would love to expose a dirtbag like this guy.

[Carl-T705]

Richard Explain this Please" If the bill of lading accurately represents the weight of the boat, then the driver should not have departed on the trip at all... And I think the lawyer should have a pretty easy time with this case! What are you saying if the weight is not accurate he should go with it??? BOL bill of lading weights are not certified weights.

[CREOLE-BELLE]

Thanks all. Richard5, does your friend know the particular 49CFR section regarding your last statement " Regardless of the contrat, holding property in lieu of completing the delivery is illegal" or is it just obvious. Tried a search but could not come up with it.

[fstbttms]

Originally Posted by ohdrinkboy

There has to be some trucking bulletin boards.

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[Therapy]

Originally Posted by fstbttms

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Which one of those is Andy's?

Prolly be the best one.

[Bash]

Originally Posted by The Blue Heron

I would contact a private investigator. Would help with the insurance paper work

Is the boat insured? If so, it might be good to call the insurance company first. They will be invested in not having to pay off this boat as a total loss, and may have greater resources with which to track the boat down.

[CREOLE-BELLE]

Need to log off now. Back in the morning..

[fstbttms]

Originally Posted by Bash

Is the boat insured? If so, it might be good to call the insurance company first.

I think he should talk to the insurance company before any outlay of cash made in an effort to find the boat.

[Rocketman]

Creole
I think you know this, but it's time to get serious about finding your boat!!!!! If it was me, in your shoes I would be posting everything I knew about this guy and where the boat might be. Right now we only know it is probably somewhere between Florida and Califonia. If you know the last place it was for sure, someone could probably determine the most likely route he would have taken to get it to your final destination. This is, of course, assuming he didn't intend on stealing it in the first place. The more time that goes by, the less likely it is that this is going to have a happy ending.

[Carl-T705]

Today is a holiday Columbus day. Try contacting the government offices tomorrow. It is a crime to continue operating when your authority has been revoked or is no longer in service.

[Richard5]

Originally Posted by Carl-T705

Richard Explain this Please" If the bill of lading accurately represents the weight of the boat, then the driver should not have departed on the trip at all... And I think the lawyer should have a pretty easy time with this case! What are you saying if the weight is not accurate he should go with it??? BOL bill of lading weights are not certified weights.

I am merely passing the information as supplied to me from a professional in the industry operating within the USA.

Now, my opinion regarding the above would be, even though BOL are not certified weights the driver had knowledge he was probably overweight and/or his trailer would not support the weight or method of loading. In other words, the driver is culpable and negligent. Again, that is my opinion.

A professional can be defined as one who uses his superior knowledge to avoid situations which require superior skill. I would expect a professional would acknowledge his spider sense when it seems something is not right. Perhaps that is the reason the driver readjusted the load yet 250 miles down the road. That is mere speculation on my part yet it seems to be another clue this driver is less than professional. I am sure you will agree that holding the certificate does not make one a professional.

EDIT: Okay, I see what you are asking. My friend supplied and expert opinion which I agree to. His opinion contains some presumptions, this is necessary since he is not familiar to the OP's concern. Those presumptions include, the BOL is accurate and the BOL shows the weight is in exceedance of the weight as given by the Creole-Belle. In no circumstance is it advised that the driver should embark with an inaccurate weight.

[Richard5]

Code of Federal Regulations, Part 49 (49CFR)

§ 391.13
Responsibilities of drivers.
In order to comply with the requirements of §§ 392.9(a) and 393.9 of this subchapter, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless the person—
(a) Can, by reason of experience, training, or both, determine whether the cargo he/she transports (including baggage in a passenger-carrying commercial motor vehicle) has been properly located, distributed, and secured in or on the commercial motor vehicle he/she drives;
(b) Is familiar with methods and procedures for securing cargo in or on the commercial motor vehicle he/she drives.
[63 FR 33277, June 18, 1998]

[Richard5]

49 CFR §392.9 Inspection of cargo, cargo securement devices and systems

(a) General. A driver may not operate a commercial motor vehicle and a motor carrier may not require or permit a driver to operate a commercial motor vehicle unless:

(1) The commercial motor vehicle's cargo is properly distributed and adequately secured as specified in §§ 393.100 through 393.142 of this subchapter.

(2) The commercial motor vehicle's tailgate, tailboard, doors, tarpaulins, spare tire and other equipment used in its operation, and the means of fastening the commercial motor vehicle's cargo, are secured; and

(3) The commercial motor vehicle's cargo or any other object does not obscure the driver's view ahead or to the right or left sides (except for drivers of self-steer dollies), interfere with the free movement of his/her arms or legs, prevent his/her free and ready access to accessories required for emergencies, or prevent the free and ready exit of any person from the commercial motor vehicle's cab or driver's compartment.

(b) Drivers of trucks and truck tractors. Except as provided in paragraph (b)(4) of this section, the driver of a truck or truck tractor must:

(1) Assure himself/herself that the provisions of paragraph (a) of this section have been complied with before he/she drives that commercial motor vehicle;

(2) Inspect the cargo and the devices used to secure the cargo within the first 50 miles after beginning a trip and cause any adjustments to be made to the cargo or load securement devices as necessary, including adding more securement devices, to ensure that cargo cannot shift on or within, or fall from the commercial motor vehicle; and

(3) Reexamine the commercial motor vehicle's cargo and its load securement devices during the course of transportation and make any necessary adjustment to the cargo or load securement devices, including adding more securement devices, to ensure that cargo cannot shift on or within, or fall from, the commercial motor vehicle. Reexamination and any necessary adjustments must be made whenever:

(i) The driver makes a change of his/her duty status; or
(ii) The commercial motor vehicle has been driven for 3 hours; or
(iii) The commercial motor vehicle has been driven for 150 miles, whichever occurs first.

(4) The rules in Paragraph (b) do not apply to the driver of a sealed commercial motor vehicle who has been ordered not to open it to inspect its cargo or to the driver of a commercial motor vehicle that has been loaded in a manner that makes inspection of its cargo impracticable.



NOTE: Bolding of text is not mine.