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Is this legal?????

Discussion in 'Ask An Owner Operator' started by a_kiraly, Feb 18, 2013.

Page 1 of 3
  1. Feb 18, 2013 #1
    a_kiraly

    a_kiraly Bobtail Member

    42
    15
    Feb 6, 2010
    carrboro,nc
    0
    I am about to sign up with a company that wants me to sign a complete lease agreement where everything to the smallest detail describes that I am responsible for everything from permits to repairs and taxes in order to run the leased truck. This is all good but here is the smart bit. When I called the company and stated that the ad I answered said that I get a flat fee of $150.00 per day for local driving job and that it will be a contractor position but they pay for everything and I get a company fuel card. After reading the contract I called them and said that if I sign the contract it will legally bind me to whatever is written in the lease contract. Company said it is only formality, they will take care of all the expenses as long as it is part of a regular wear and tear but if i get into an accident it would be my expense. I asked if I could have a waiver to make sure to cover my back that I am responsible non of the expenses required to operate the lease vehicle. They said no, that it is normal to do it this way because this way the o/o will treat the truck like his own equipment. Is this true or it is it just another scam? Does anybody operate his/her truck tis wayI Any input will be appreciated, the faster the better. They want me to sign the least in two days.
    thx
     
    a_kiraly, Feb 18, 2013
    a_kiraly, Feb 18, 2013
    #1
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  3. Feb 18, 2013 #2
    Binder

    Binder Bobtail Member

    9
    3
    Feb 18, 2013
    Curtiss WI
    0
    If the contract says that you are responsible for all the fees and expenses then they will make sure that you are responsible. This company is not going to save your back and no that is not just a formality that is them covering their butt. It really depends on the lease agreement in some lease programs the company leasing is responsible for all the repairs liscensing and insurance, but in that kind of a deal you will probably be paying more for your lease plan. Also remember any time a company is trying to pressure you to sign something it should immediately raise a red flag that there is something they want you to sign to and they don't want you to have time to think about it and see the holes in it. I would run from a deal like that and start looking for another company and compare companies against each other. Make a list of what you are looking for and then look for companies that meet that criteria. Then talk to drivers that have been leased on to that company for years and see what they have to say. Now keep in mind that there will be drivers in every company that have a chip on their shoulder, but for the most part drivers will tell you the way it really is and they won't sugarcoat anything. Without seeing the lease agreement I think this is the best advice I could give you,but keep asking around the more informed you are the better discision you can make! Hope all goes well.
     
    Last edited: Feb 19, 2013
    Binder, Feb 18, 2013
    Binder, Feb 18, 2013
    #2
  4. Feb 18, 2013 #3
    Oscar the KW

    Oscar the KW Going Tarpless

    12,246
    28,113
    May 19, 2011
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    So you have your own truck and are looking at a job running local for a flat fee of $150? If that was not a typo I would keep on looking, I can spend that kind of money in a day with my pickup just chasing after parts for the big truck.
     
    Oscar the KW, Feb 18, 2013
    Oscar the KW, Feb 18, 2013
    #3
  5. Feb 19, 2013 #4
    a_kiraly

    a_kiraly Bobtail Member

    42
    15
    Feb 6, 2010
    carrboro,nc
    0
    Hey guys thx for the quick response. They actually provide the truck and trailer and all i have to do is to drive my daily assignment and be done. even though i would have to sign a lease agreement with them( in which contract they go into extreme details to make sure the contractor is responsible for everything)they say it is only formality cause they will pay for everything and as long as i dont wreck the equipment everything should be ok. it just sounds fishy a bit. unfortunately i don t have their trucks in the area so i can t talk to any of their drivers. just makes me wonder if the lease is under myname but they will pay for everything then what will my 1099 will look like at the end of the year?





















    , it is only paer
     
    a_kiraly, Feb 19, 2013
    a_kiraly, Feb 19, 2013
    #4
  7. Feb 19, 2013 #5
    a_kiraly

    a_kiraly Bobtail Member

    42
    15
    Feb 6, 2010
    carrboro,nc
    0
    also forgot to mention, they do not want me to lease the truck they just want my name on the lease. I wonder why?
     
    a_kiraly, Feb 19, 2013
    a_kiraly, Feb 19, 2013
    #5
  8. Feb 19, 2013 #6
    Oscar the KW

    Oscar the KW Going Tarpless

    12,246
    28,113
    May 19, 2011
    0
    This doesn't sound like a very good thing to be getting into, if it were me I would walk away and not look back. If they are supplying everything then you should not be paid on a 1099, by the time you pay taxes on that $150 a day you will be far better off working in a fast food establishment with zero risk.
     
    Oscar the KW, Feb 19, 2013
    Oscar the KW, Feb 19, 2013
    #6
  9. Feb 19, 2013 #7
    Pete Moss

    Pete Moss Light Load Member

    144
    101
    Oct 28, 2011
    Phoenix,Az
    0
    Hey-How are you?I'm not sure the right question is "Is this legal?".I think it's more like "Does this sound like anything i need to get involved in?"My answer to that is no.I sure wouldn't.I hope the best for you whatever that might be.Take care.Brian
     
    Pete Moss, Feb 19, 2013
    Pete Moss, Feb 19, 2013
    #7
    bullhaulerswife Thanks this.
  10. Feb 19, 2013 #8
    sazook

    sazook Road Train Member

    1,471
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    Jun 1, 2009
    Springfield, MO
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    Is it legal: Yes

    Is it shady as hell: Yes

    Would I be caught anywhere close to that contract: NO!
     
    sazook, Feb 19, 2013
    sazook, Feb 19, 2013
    #8
    drvrtech77, BigBadBill and Ukumfe Thank this.
  11. Feb 19, 2013 #9
    SoCo

    SoCo Bobtail Member

    19
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    Oct 4, 2012
    Dallas, TX
    0
    It is legal. Legally binding you, not them, to be responsible for their truck and equipment. I love that "if" statement...if everything works out, then you will be okay. IF it doesn't, where does that leave you?
    I'd be interested to see your 1099 also. It seems like this company is trying to suckerpunch you into saying that you're willing to take the heat (and drivers already take enough of that in this industry) for $150 a day. Try to find someone, anyone who has signed this contract, so you can ask them. IF you can't find anyone to support the company's side on this site, FB, or Twitter...don't walk away, RUN!
     
    SoCo, Feb 19, 2013
    SoCo, Feb 19, 2013
    #9
  12. Feb 19, 2013 #10
    lil fred

    lil fred Bobtail Member

    29
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    Dec 5, 2012
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    Flat rate of 150 per day? Think about that. It works out to less than 12 bucks an hour and you have to sign a lease? 12 bucks an hour.....
     
    lil fred, Feb 19, 2013
    lil fred, Feb 19, 2013
    #10
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