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Possible recourse for produce haulers?

There may be hope for produce haulers who have had little or no recourse in the past to challenge shippers and receivers when it comes to a dispute over a load.

Last week, OOIDA officials met with representatives from the Canadian-based Dispute Resolution Corp. The Canadian officials asked leaders from the Owner-Operator Independent Drivers Association to consider participating in the DRC's transportation dispute resolution procedures.

Joe Rajkovacz, OOIDA regulatory affairs specialist, said that could give carriers and intermediaries equal footing with produce buyers and sellers, which has been a sticking point for produce truckers who have not been allowed inclusion in the Perishable Agriculture Commodities Act.

PACA offers dispute services for produce shippers and receivers in the U.S., but does not include or allow for transportation disputes for produce haulers.

The DRC, which was formed in 1999, handles disputes on international shipments of fresh fruit and vegetables in Canada, the U.S. and Mexico, as a result of the North American Free Trade Agreement.

"In the past, truckers have served as the dumping ground of choice - this could give produce haulers equal footing with receivers and shippers in resolving disputes," Rajkovacz said.

In a follow-up letter after the meeting with OOIDA, DRC consultant L. Patrick Hanemann said his company is "interested in setting up a working group with OOIDA to review together what works - and what doesn't in our transportation dispute resolution procedures."

Rajkovacz said many issues still need to be addressed, including membership cost, but he said the meeting with the DRC is a step in the right direction in recognizing the importance of "attracting small-business truckers to be included in produce transportation disputes and include them in enforceable arbitration."

- By Clarissa Kell-Holland, staff writer
clarissa_kell-holland@landlinemag.com

 

 

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