Are you sure there's no fine print in the lease about following company polices etc.....?
Also are they providing you with workers comp coverage...?
Is my lease agreement the end all be all?
Discussion in 'Ask An Owner Operator' started by flybynite63, Apr 21, 2016.
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I understand the desire to lease with a company that you have driven for. But, you would be better off with a company that is 100% O/O and not put up with managements incompetence with the rules. You will also be competing with the company trucks for loads.
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I'm not sure if I've ever seen a 100% O/O fuel hauling outfit.....
Most local jobs your competing with company trucks with a lease or without..... -
"100% O/O" doesn't necessarily mean it's a good company to associate with, just as a mix of company and O/O's doesn't necessarily mean the O/O is getting screwed. It really all boils down to how they treat you. If they put the good loads on their company trucks, leaving only the scraps for the O/O's, or if the O/O's only get to work if there's "overflow", then it's a bad situation. If the company realizes that the O/O has more flexibility and utilizes them to do what couldn't otherwise be done (i.e. hot loads that the 64.5 mph company trucks can't run on time...but that O/O who can run the 70 mph speed limit can get there) and takes care of them BECAUSE of that versatility, then it can be a great situation even if you've got company trucks in the fleet with you.
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I'm curious about this too, as I work for the same company that's being spoken of. Nothing has been said to me about the 65mph, but you can run 70 and qualcomm won't record it if done properly. Just use your cruise control to to adjust past 65 and it won't report overspeed. Just don't go over 70.
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I think the term is called glorified company driver.
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I had to deal with this sub-human reasoning too. I had some clown in sales tell me about what equipment I was required to have because a customer complained that I didn't have the "right" straps. I asked where is it in my contract, he said it was in the handbook for company drivers, and I said I ain't a company driver. It came to telling him I have to go, my lawyer is on the other line and he wants to know who I was talking to about this crap. Didn't hear anything again about it.
When I tell people to get a lawyer, this is one reason why. A contract for many companies is not to be kind to the owner, and has holes in it that is open to interpretation. I always get a copy of the contract before I even consider signing with the company (they are supposed to give you a copy before signing) and I hand it to my lawyer who reads is with a red pen in hand and returns it back to me with all the red marks and a summary of each section. He's known me for years and knows what I want so he gives me the needed advice to make a decision or to discuss specific points in the contract.
Money should be spent in this phase, but it doesn't mean that it doesn't go to waste, no one should go into this blindly because of the cost of a lawyer.Dale thompson Thanks this. -
You're not an employee, you're a contractor providing a service. You're probably paid on a 1099. Read that lease agreement over with a fine tooth comb, or better yet, an attorney with a fine tooth comb. That is your binding contract with the carrier. If they attempt to assert too much authority, I would suggest that the IRS may not agree with their stance.
Edit: as far as the day cab being a liability as far as other carriers are concerned, I don't agree. While I wouldn't attempt long haul operations with one, I'd have no problem covering much of the Northeast sans sleeper. The trick is to stay away from general freight, which it sounds like you're doing with the fuel hauler bit. -
I don't know if your confused this isn't a lease purchase. When you bring your truck to a carrier and rent it to the carrier this is a open end contract you sign. Which means it can be ended by carrier or owner at anytime for any reason. This is your customer how much do you want to make your customer happy
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Same reasoning applies- read contract and consider that just because something isn't in your contract doesn't mean thru can't put out an addendum and require you to sign it to continue operating under the contract.
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