Hiring Drivers

Management is responsible for the driver complying with HOS . Make up a written set of rules saying there is no tolerance for violations . If a driver gets put out of service it goes on record against the company with SAFER .It could also result in higher damages in a serious accident because repeated offenses are willful negligence .
And DOT likes to prosecute small carriers . Money talks with the megacarriers http://www.oig.dot.gov/item.jsp?id=1766

 

That's why you make the rules plain from the start and only dispatch what can be done legally . Penalize drivers for any violations and keep a record of it . If you haven't had the mandatory audit for new carriers yet it's coming .

 

From the thread CAS2100 log book forms nd violations .
Quote:
(e) Knowledge of and compliance with the regulations.

(e)(1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter which are applicable to that motor carrier’s operations.

(e) (2) Every driver and employee shall be instructed regarding, and shall comply with, all applicable regulations contained in this subchapter.

(e)(3) All motor vehicle equipment and accessories required by this subchapter shall be maintained in compliance with all applicable performance and design criteria set forth in this subchapter.
That's a good thread to answer you questions .
That CSA2010 is going to make things tough . I know a small carrier that has his sons driving for him had they've had a few violations . He isn't taking it seriously enough .

 

They can, But you are still responsible for them having legal logs. You have to show that if they run illegal that you are taking corrective measures. They have an accident, There log is illegal. You are financially responsible.

 

yeah, you can hire a driver on as a 1099 (independant Contractor). I know this because that was actually the route I wanted to go out of school. Be trained and drive for an o/o instead of the big training companies.

Some tried to warn me that is was a scam and I would be better off being a company driver for a trainng company. However, being 1099 was not new to me, and I liked the extra tax benefits.

 

Technically, NO.

They do not own the truck.

There is a list of 20 rules on the IRS website on employee versus independent contractor.


I would suggest checking this out.