Quick question

Discussion in 'Ask An Owner Operator' started by WREN, Jun 25, 2018.

  1. Coover

    Coover Road Train Member

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    Whatever the contract says
     
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  3. TankerYankr

    TankerYankr Medium Load Member

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    The freight bill must be available for viewing during normal business hours at the carrier principle place of business, they are not required to provide you with a copy.

    This also can be done by providing a printing out showing all the relevant data.

    Most, but not necessarily all of the computer generated print outs I've seen are extremely hard to follow, usually on purpose.

    As for them requiring a copy of the lease ahead of time for legal review, I don't believe that is required under fed regs.

    If I am wrong please enlighten me so I can learn something new.

    A reference to that code and section number of said regulation would help.
     
    Last edited: Jun 25, 2018
  4. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    FMCSA leasing regs at
    DOT & Leasing Regulations, Owner-Operator Independent Drivers Association
     
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  5. TankerYankr

    TankerYankr Medium Load Member

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    That shows the same info I gave the basics of, no where in the regs did I see anything about the requirement of providing a copy of the lease prior to presenting in front of you for signature. Check with the OOIDA even they will tell you if a carrier will not provide you with a copy ahead of time to walk away.
     
  6. TankerYankr

    TankerYankr Medium Load Member

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    A lease is like any other contract, you have the choice to sign it or not. In no regulation is an requirement to have copy of any contract ahead of time.

    If you don't understand the total lease and all items and sign it any way, then you get what you get.

    It may seem hard and uncaring but I little very little sympathy for people who sign things with out complete understanding of the document.
     
  7. Ridgeline

    Ridgeline Road Train Member

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    OK ... By regulations, they are to provide a copy of the freight bill on demand. the qualifier is when the lease holder has revenue based on percentage.

    There is no business hours requirement, or limit. There is no showing the bill or anything to do with computer printout.

    A copy is required.

    This is all in the regulations.

    The contract I thought was in the FMCSA regs but I can't find where the requirement came from, I called over to my lawyer to get an answer.

    However there is no reason why you can't get a copy to review before hand.
     
  8. mover man

    mover man Road Train Member

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    Hmmm how far prior to signing? Because I've never heard of that. And I have seen some agents who wont send out their contract. They will tell you what' supposed to be In it. But the first time you actually see it. Is the same time they are saying sign here and here and here
     
  9. Ridgeline

    Ridgeline Road Train Member

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    I'm waiting for an answer where this came from - asked my lawyer.

    I know it is common practice in other parts of transportation and many fleet owners will not for any reason sign a contract with anyone without a copy in advance, especially with brokers.

    I think outside of brokers, lease agreements should be gone over with a lawyer. Too much BS can be missed by an owner/operator.
     
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  10. justa_driver

    justa_driver Road Train Member

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    Another thing you may get billed for monthly by the company is state by state fuel tax? They report it but when I was leasing they billed it back to me, which it never was that bad as I remember? Of course I got a chart showing the fuel tax requirements in each state and tried to cover it as close as I could with fuel purchases in the states I run in that gave credit for fuel purchases. Some states give you credit for fuel purchases and some dont? Or at least thats the way it was way back when? May be different now?
     
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