Landstar / EOBR

Sure will, otherwise people with multiple trucks, leased to Carriers, would have to supply all the drivers. Think Ryder, Penske, Ruan and National Lease. Same laws apply.

 

My policy does not cover any driver, including the co-owner of the truck, which is my wife. Unless I notify them in advance that they will be driving it.

NOTE, I must notify. Not the carrier.

If the carrier puts someone else in my truck without my authorization and notification of the driver, then I stand to lose everything if they wreck it.

In addition, they do this, I would be reporting the truck as stolen.

 

Post deleted

 

I'd love to see that "stolen" truck report, after the carrier produces the lease, signed by you, giving them control of and use of the truck.

Yes, many don't like the idea of someone else having control of the equipment they bought and paid for. However, the FMCSA regs and carrier contracts do just that, give control to the carrier. As I have mentioned before, it is up to the carrier just how much control they are willing to keep and how much leeway they are willing to defer to the owner.
My contract does not specify that I am the one to drive my truck, it only specifies that I shall provide a LS qualified driver for the truck. As to public liability insurance, my policy is only in actual effect less then 10% of the time. LS' policy is in effect the other 90% as the truck is usually moving under dispatch. Their policy covers all their qualified drivers, none of them by name or truck number.
BTW, the co-owner of my truck is not authorized to drive mine either. He retired 2 years ago, no longer making him a LS qualified driver and on his last driver's license renewal, he dropped his CDL.

 

By law, yes the owner does lose control of the vehicle. This is where the terms of the lease agreement come in. My contract states that I am the one to supply the driver(s) and pick the loads. If that term was not in the contract, then yes, the carrier could put any driver(s) they wanted in it and send it where ever they pleased.
As to non-trucking liability insurance, if the carrier exercised total control of the vehicle, there would be little to no need for the owner to supply it. However, few carriers actually exercise total control, so as an owner you do need it for the occassions when the carrier does release control to the owner, for non-trucking purposes. BTW, non-trucking liability insurance is pretty cheap, compared to full public liability insurance, as most of us seldom find ourselves using the truck in a non-trucking use less than 10% of the time, much less.
Also, I want to point out, the reg is about the control of the vehicle, not the driver. I have always leased my truck to a carrier, but never myself, nor have I ever been an employee of those carriers. Everyone of those contracts stated that it was up to me to supply a qualified driver, not that I was to be the driver.
I have never been leased to any carrier, but I have had trucks leased to a few.

 

Then we are no longer independent owner/operators by your definition, we are employees.

 

I do believe we will see changes in the way lease o/o are classified . Either ic or company employee , that's a tricky question . Under most leases I've heard about your really a company employee . But what do I know I don't get out much!!!

 

Ok....So when you shutdown at the dock....The Shipper/Receiver calls the PD/SD/ST...Then what?

The Shipper/Receiver can legally boot you off since it's private property....

 

Illinois is likely the first domino then.

Bill can explain that as he knows the details more than I do.

 

Ah....But Public Citizen and The Teamsters have the *ahem* "Solution"....

They both advocate the European System of HOS....."8 hours total"....Basically if it's an interstate move...You'll need 3 drivers per truck or.....If they also get drivers paid from per mile to hourly....All drivers will be local.......