I've been a subcontractor for over 20 years. Before trucking I was a carpenter. Anyway I leased my truck through a company. It's governed at 67mph. How is this legal?
If a company wants to treat you financially as a contractor they are not allowed to govern how you do business. For instance as a 1099 sales rep a company cannot regulate the hours you work. My question is how do these companies get away with governing a truck below the speed limit in some states.
If it comes to fruition that this is indeed against the IRS rules this could lead to a huge class action lawsuit. Imagine how many miles are lost every year by running below the speed limit. Not just lack of miles but also running your clock out. Any thoughts?
It seems as usual the companies want to eat their cake and have it too.
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Governing lease trucks illegal
Discussion in 'Lease Purchase Trucking Forum' started by Space Boogie, Feb 8, 2016.
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They hold the title. Not you. That simple.
Dominick253, flood, Wickedfire77 and 7 others Thank this. -
They legally do it because you, as a leased contractor, agree to run under their motor carrier authority which makes then under Federal regulations the motor carrier responsible for the safety of the leased vehicle. What this means, they have full legal control of it while leased on to them, you may own it and be an independent contractor but in the eyes of the FMCSA they control it.
Dominick253, rachi, NavigatorWife and 1 other person Thank this. -
Do you also get the insurance coverage through the company as a part of the lease? If you do, it might simply be a requirement of the insurance policy. I have no specific knowledge, just tossing out a possibility.
Last edited: Feb 9, 2016
Reason for edit: word correctionbrian991219 Thanks this. -
Also, if you are talking about a lease purchase program, that is legally no different than a rental agreement until the truck is paid off, so they can do what ever they want as long as their name is still on the title. You are only contractually agreeing to operate the truck, they still maintain control over the safety, meaning speed limiter among other things.
MidWest_MacDaddy, NavigatorWife, Straight Stacks and 1 other person Thank this. -
In simple terms, it sucks to be you.
Badmon, flood, Nitemare13 and 3 others Thank this. -
Are you serious? You can't be serious. You MIGHT be serious.
Until that far away day that you own the truck, it's not yours. It's theirs. With rules for you to abide by.
Get bank financing, sign the truck on with a good company, they won't govern your ride. Lease is a different deal.MidWest_MacDaddy, brian991219 and Straight Stacks Thank this. -
I'm glad all y'all answered the op's question before I got to it . Y'all are so ####ing polite !
MidWest_MacDaddy, Straight Stacks, cnsper and 2 others Thank this. -
I agree and it makes sense as a 1099 independent contractor, carriers shouldn't have the say or control they far too often have over owner operators in the transportation industry.
They get away with it, until it results in a fatality or extremely costly personal injury. Then carriers are taken to court more often then not they lose and their insurance companies end up paying because they cross over the fine guidelines that govern 1099 independent contractors. -
Hahahaha man I hadda throttle back a bit trust me...but I have asked the occasional head slappin question myself believe it or not lolbullhaulerswife, A21CAV, Badmon and 3 others Thank this.
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