Every load can involve three documents: the broker-carrier agreement you signed once, the rate confirmation for this load, and the bill of lading (BOL) the shipper hands you at the dock. They often disagree on weight, lumpers, free time or payment terms. Which one controls depends mostly on a conflict clause in your agreement, and many drivers never look for it. This guide shows what each document fixes, five conflicts that really happen, what your BOL signature means, and a two-minute check to run before the truck moves. It is general information, and contracts differ, so read yours.
David White, Owner and Dispatcher, 11 years on the desk
You signed an onboarding packet last month. This morning a rate con arrived by email. Now you are at the dock, the clerk slides a bill of lading across the counter, and the weight does not match what you were told. The clerk wants a signature now, and the line behind you is getting longer.
Before you sign anything, it helps to know what each paper is for. If the term is new, start with what a rate confirmation is. This guide sets the three documents side by side.
The broker-carrier agreement is the master contract between you and the broker. You sign it once, and it governs every load afterward. The rate confirmation (rate con) is the per-load sheet that fixes the price, stops and times. The bill of lading (BOL) is the shipper’s receipt for the freight, and it travels with the freight.
| Document | Who writes it | When you sign it | What it fixes | What it cannot change |
|---|---|---|---|---|
| Broker-carrier agreement | The broker | Once, at onboarding | Payment terms, insurance, claims, detention rules, how disputes are handled | The price or pickup time of one specific load, unless it says so |
| Rate con | The broker | Per load, before pickup | Rate, stops, appointment times, load-specific accessorials | The master terms, if the agreement says the agreement controls |
| Bill of lading | The shipper | At pickup (and the consignee signs at delivery) | What was handed over: count, description, condition, seal | Your price or your pay terms. It is not a contract with the broker |
Two more papers come up. The carrier packet is the onboarding set (authority, insurance certificate, W-9) that gets you approved. The proof of delivery (POD) is the signed BOL copy that shows the freight arrived, and it usually triggers your invoice.
There is no single answer. A master agreement may include an order-of-precedence clause (also called a conflict clause) that says which document wins. Depending on the wording, the agreement controls over any rate con, or a signed rate con overrides the agreement for that load. The clause can go either way, which is why you need to read yours.
We found no federal rule that picks a winner between a broker-carrier agreement and a rate con, so the answer comes down to the wording of your documents and the state law they name. Find the clause before your first load, and write down the page number.
The BOL is different. It is mainly a receipt between shipper, carrier and consignee. Federal rules list what a motor carrier’s bill of lading must contain: names of consignor and consignee, origin and destination, number of packages, description of the freight, and weight or measurement where it is used to rate the freight (49 CFR 373.101). Your price and your pay terms with a broker are not on that list. If a contract question is serious, ask a transportation attorney. The rest of this guide is about spotting the conflict early.
The agreement says net 30 days. The rate con says net 15, or offers quick pay for a fee. Check: the payment line on both, and any fee for early payment. Do: email the broker before pickup asking which term applies for this load, and keep the reply. Know that if the agreement wins by its own clause, the rate con line may not help you. The net pay math shows why a few days and a few percent matter.
The agreement lists two hours of free time and an hourly detention rate. The rate con has a blank accessorial line. Check: whether the rate con says “per agreement” or says nothing. Do: ask the broker to confirm in writing that the agreement’s detention terms apply. Our detention, TONU and layover guide covers how to collect once it happens.
A lumper is a worker paid to unload the truck. The agreement may say the broker reimburses it only with prior approval, while the rate con says nothing. Check: both documents for “lumper” or “unloading.” Do: get written approval and the amount before you pay anyone, and keep the receipt.
The BOL shows different weight, piece count or commodity than the rate con. This one can carry fines and rate changes, so we wrote a separate guide on the commodity and weight fields. Here, the rule is simple: do not leave the shipper with a mismatch you have not reported.
The BOL says the freight is in good condition, but you see wet cartons. Or the seal number written on it does not match the seal on the door. Check: the freight and the seal yourself. Do: ask the shipper to correct the BOL, or write your own note on it, and photograph it. Do not sign over a statement you know is wrong.
When you sign the BOL, you are generally confirming what you took on: the freight described, in the condition noted. That matters because federal law makes a common carrier that issues a bill of lading liable for damages caused by not receiving goods the bill describes, or by describing them wrongly (49 U.S.C. 80113(a)). A BOL with no notes on it records that you accepted the freight without noting a problem, which can make a later damage dispute harder for you.
Separately, a motor carrier is generally liable for the actual loss of or injury to the freight it hauls (49 U.S.C. 14706(a)(1), the Carmack Amendment). Courts have recognized a short list of defenses: an act of God, the public enemy, an act of the shipper, public authority, and the inherent vice or nature of the goods (Missouri Pacific R. Co. v. Elmore & Stahl, 377 U.S. 134 (1964)). A lawyer can tell you how they apply to a real claim.
That is why the common notations matter:
Claims also have time limits, and they run for months after delivery. For a cargo claim against a carrier, the carrier’s contract may set its own deadlines, but it may not allow less than 9 months for filing the claim or less than 2 years for suing after the carrier gives written notice that it disallowed the claim (49 U.S.C. 14706(e)). When a written claim reaches you as the carrier, you must acknowledge it within 30 days and pay, decline or make a written settlement offer within 120 days, or send a written status update (49 CFR 370.5 and 370.9). Your broker agreement may also set its own window for disputing a payment, so check yours.
Records also have retention periods. FMCSA’s schedule for motor carriers and brokers lists a one-year retention for copies of bills of lading and freight bills (49 CFR Part 379, Appendix A), and a broker must keep each transaction record for three years (49 CFR 371.3). Tax records have their own, usually longer, periods, so ask your accountant. Keeping your paperwork longer than the minimum costs you nothing.
A verbal OK from a broker representative is worth very little until it is in writing. People change jobs, forget calls, and deny them. An email or a rate con revision is something you can show later.
Say, for illustration only, a rate con pays $2,000 and says nothing about detention. Your agreement says two hours of free time, then $50 an hour. You wait five hours at the dock. If the agreement’s terms apply, three paid hours would add $150. If your agreement says the rate con controls and the rate con is silent, the broker may refuse. The email you sent before pickup is what settles it.
A dispatcher can read the agreement and the rate con before you accept a load, point out a conflict, and ask the broker for a written correction. That saves you from arguing at the dock. Dispatchers do not replace a lawyer, and they do not sign for you. See what a truck dispatcher does and how a dispatcher differs from a broker.
Open your broker-carrier agreement tonight and find three things: the conflict clause, the payment terms, and the detention and lumper wording. If you want to know how the broker’s pay compares with yours, read about your right to see what the broker was paid.