Boat Held Hostage By Marine Transport Company

[tropicalescape]

Originally Posted by Mimsy

It seemed very odd to me at the beginning of TropicEscape's entry into this thread that he would take the tack he has chosen. Now it seems he has managed to gain quite a bit of inside knowledge on the situation which seems amazing since no one else can seem to track down Dan Steadey.

I am interested in how it all pans out. Hoping that CreoleBelle gets his boat and that the mast is delivered to Seabrook. (wow, only a month late!)

I have learned quite a bit from this thread. Namely, never, ever under any circumstances have Big Dog Marine transport anything for me, my friends or anyone I might meet what so ever.

Did you not learn that if you hire someone to move a boat for you that you cant go to the law and say that he stole it after you get news that you didnt like..Did you not learn that the reason I took the tact that I took was because I knew I was right and that anything to the contrary was wrong...Why cant you "track him down" I just typed the name of the company and called the phone number that was there,left a message and he called me back today,its real easy,he is not hiding as he has business with some of the largest and most succesful sailboat companys in the US and is not going to let one bad apple spoil his business from what he told me..I guess you think that if its not a coincidence it must be a GD conspiracy...

[tropicalescape]

Originally Posted by Dansante85

TropicalEscape, do me a favor and ask your friend Steadley the exact location of my mast please. If he will not tell you, would you please ask him why not? I would at least like to go and verify its condition.

Why dont you call him ?He is not my friend ,I have never laid eyes on him or talked to him until today...He told me you said there was no hurry !!

[Deepdraft]

Tropical - From the start, you've defended, rationalized, explained and supported the shipper. I have no evidence of collusion, but your dogged efforts to defend the shipper are suspect in my book.

[Mimsy]

Originally Posted by tropicalescape

Why cant you "track him down" I just typed the name of the company and called the phone number that was there,left a message and he called me back today,its real easy,he is not hiding as he has business with some of the largest and most succesful sailboat companys in the US and is not going to let one bad apple spoil his business from what he told me..I guess you think that if its not a coincidence it must be a GD conspiracy...

The OP is the one who had difficulty tracking him down. I have other, much more interesting things to do than play PI.

Largest and most successful? Not for very much longer I suppose.
Your math is off, its not ONE bad apple but 2 on this one run and there are no other online reviews of the company. So only 2 online customer 'reviews' and they are both pretty darned unhappy. I would wager that there will be a sudden appearance of glowing reviews online in T minus 2 hours though.

[Coops]

Originally Posted by Deepdraft

Tropical - From the start, you've defended, rationalized, explained and supported the shipper. I have no evidence of collusion, but your dogged efforts to defend the shipper are suspect in my book.

I too have followed this thread from start to, hopefully, the good finish, and those thoughts did pass through my mind over the last few pages. Would be a shame if the thread was locked, but perhaps that would be a good thing to anyone with an agenda.

Coops.

[gbr-aligator]

Way back somewhere in the first few chapters of this discussion someone made the very sensible suggestion that the extra money that is being demanded be put in an escrow account by Creole and paid out to the trucker upon proof that the boat is indeed way overweight.

If a bona fide lawyer has the funds in escrow, then the trucker can be confident of getting paid and should be happy to turn up at a reliable scale someplace for a weigh-in. And if Creole is right then he has nothing to fear either.

That seems a reasonable solution for two reasonable parties.

[tomfl]

Originally Posted by tropicalescape

SNIP

The FBI agent Mike Edmonton told him that it was a civil matter and to just deliver the boat

SNIP

One more time since TS seems to have mist my first post. The FBI guy said deliver the boat.

Let me repeat that in caps for those of you that missed it the first time:

THE FBI AGENT... TOLD HIM... TO JUST DELIVER THE BOAT.

The key words being "deliver the boat".

As I pointed out before so far the trucker can claim delays, break downs, sun spots, bla bla bla, and it remains civil. At some point breach of contract comes in to play. Then questions like intent to defraud can be raised.

The problem for the trucker is that he took on the job and after things got tough he sorta bailed. This is not how truckers who want to stay in business operate. If the trucker had called the boat owner the first day and said there are weight issues he might get some slack (and that is assuming there really are weight issues, something that is not disputed).

The fact that trucker got around half way to the destination before there was a claim of break down supports the claim that the trucker intended to deliver the boat knowing full what the weight of the boat was.

If the trucker had ask for more money the first day maybe the courts would consider the request. If he only asked for more money half way through the delivery after a break down the courts will likely say no.

The fact that there is an additional problem with the delivery of another customers mast only makes things worse in the eyes of the courts.

Kinda like a fender bender, once and the insurance company may look the other way. If it happens twice in a short time span you are lucky if the only thing that happens is that the rates go up.

[ohdrinkboy]

Thanks for the discourse on this topic. It has really opened my eyes and I have learned quite a bit about contracting to have a boat hauled. Should I ever need to, I better know how to protect myself and my boat.

I hope Creole gets his boat and the mast gets delivered.

Finally, it takes me back to my business law classes in college. What you think is right doesn't matter. It is all about what the law says and legal precedent. From what I've read here and on the web on the legalities, in my opinion, it appears to be conversion. As soon as the trucker takes possession of the load it is his responsibility. If it was overweight for his trailer or the roads it is his problem.

Sad situation.

[skipmac]

I just spoke again with my truck broker. As I understand it, Big Dog Marine Transport does not have a current valid DOT permit to operate as a commercial carrier, so they cannot legally carry cargo on over the road.

Here is a printout directly from the DOT website.

Maybe this has something to do with the current problems?

[SurferShane]

Originally Posted by capngeo

This thread is in serious danger of being locked!

That would be a real pity. So many subscribers such as myself really want to see things progress to a happy outcome for all!

[SurferShane]

Originally Posted by skipmac

I just spoke again with my truck broker. As I understand it, Big Dog Marine Transport does not have a current valid DOT permit to operate as a commercial carrier, so they cannot legally carry cargo on over the road.

Here is a printout directly from the DOT website.

Maybe this has something to do with the current problems?

This is what I was thinking RE him having gone renegade or using the pick-up to pose as a recreational mover etc. Intuition also tells me the transporter must be some sort if underlying personal or financial dramas. Again, the best thing he could do is surrender the property while this might still be held in his favour.

[skipmac]

Originally Posted by tropicalescape

Did you not learn that if you hire someone to move a boat for you that you cant go to the law and say that he stole it after you get news that you didnt like..Did you not learn that the reason I took the tact that I took was because I knew I was right and that anything to the contrary was wrong...Why cant you "track him down" I just typed the name of the company and called the phone number that was there,left a message and he called me back today,its real easy,he is not hiding as he has business with some of the largest and most succesful sailboat companys in the US and is not going to let one bad apple spoil his business from what he told me..I guess you think that if its not a coincidence it must be a GD conspiracy...

Hi Tropical,

Since you are in communication with the carrier perhaps ask him to comment on the notice posted on the DOT website. Copy attached to my previous post.

I personally am not certain what this means exactly but my shipper tells me that without this permit he cannot carry interstate cargo for hire, period.

[Captain Bill]

I looked at the FMCSA web page and it stated that if the the cargo was not federally regulated an FMCSA athorization was not required. I don't have any idea if boats are regulated cargo or not. If they are not perhaps there is no requirement for im to have an FMCSA authroization. This may be a red herring.

[Samantha ann]

Captain Bill is correct. As a former travelift oper. I can tell you the scales may not work or read up to 50% off. I could change weight by lifting one strap! Shifting the angles or differing the placement of the straps could change the weight shown. You cannot add the two weights on the straps and get an accurate weight .

[skipmac]

Originally Posted by Captain Bill

I looked at the FMCSA web page and it stated that if the the cargo was not federally regulated an FMCSA athorization was not required. I don't have any idea if boats are regulated cargo or not. If they are not perhaps there is no requirement for im to have an FMCSA authroization. This may be a red herring.

Agreed. I tried to read the web page myself and decided quickly I didn't have the time or patience to try to translate bureaucraticese into English. That is why I qualified my post. It might be that some cargo or some carriers may be exempt due to the type or size of the shipments but it wasn't really easy to figure that out. I did ask my contact in the trucking business who does have DOT permits and moves dozens of trucks and rail cars every month and passed on his comment.

There have been a couple of other truckers on this thread. Maybe one of them can chime in with their interpretation.