Landstar / EOBR

As I've stated, it is up to the Carrier as to how much control they wish to excercise, however, it is clearly spelled out in the regs that they have the control.
I've been with LS for close to 15 years now and they do excercise more control than many care for, such as their "Sitting Duck" policy and no "Personal Use of a CMV" expection, if on paper logs.

 

Under the regs, as written, the Carrier does have total control of the equipment, like it or not. The lease of the equipment has nothing to do with the employment of the driver, separate issue. My contract says that I shall supply a "LS qualified driver", it does not state that I must be a LS employee, or hire one to operate the equipment.
By the regs, they could put another driver in the truck, however, that is usually covered in the individual contract terms.

 

You are talking legalize language here.

If you want to get to the nitty gritty of it all, every word would have to be interpreted as done by case law.

In the mean time, it NOT plain English, it legal definitions that will set the time of interpretation.

By you definition, Bill will be issuing me a W2 come Feb 1, not a 1099.

 

You really need to read your own quote again.

This is a restriction that applies to mandate that the vehicle is to be solely used by the carrier and not any others during the time of the lease.

 

My company tried to say that they could put another driver in my truck as well.

Informed them that they could not, since there would not be any insurance on their driver in my truck without my authorization.

 

Go to the full reg and you will see that the Carrier Lessee has the authority to lease the equipment to another Carrier, during the duration of the lease. The owner of the equipment does not.

 

Their insurance would cover their driver, not yours.

 

You are not an employee of Bill's, only a "Qualified Driver" hired by one of his contractors.

 

No it will not.

You need to learn insurance law.

 

Simply means the owner of the equipment can't trip lease without the primary carriers knowledge.