Governing lease trucks illegal

Discussion in 'Lease Purchase Trucking Forum' started by Space Boogie, Feb 8, 2016.

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  1. Space Boogie

    Space Boogie Light Load Member

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    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.
     
    Dominick253 Thanks this.
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  3. Straight Stacks

    Straight Stacks Paper Cha$er

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    They hold the title. Not you. That simple.
     
  4. brian991219

    brian991219 Road Train Member

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    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.
     
  5. MidWest_MacDaddy

    MidWest_MacDaddy Road Train Member

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    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 correction
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  6. brian991219

    brian991219 Road Train Member

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    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.
     
  7. Bakerman

    Bakerman Road Train Member

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    In simple terms, it sucks to be you.
     
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  8. scottlav46

    scottlav46 Road Train Member

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    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.
     
  9. A21CAV

    A21CAV Road Train Member

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    I'm glad all y'all answered the op's question before I got to it . Y'all are so ####ing polite !
     
  10. Big Phil

    Big Phil Bobtail Member

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    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.
     
  11. scottlav46

    scottlav46 Road Train Member

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    Hahahaha man I hadda throttle back a bit trust me...but I have asked the occasional head slappin question myself believe it or not lol
     
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