Someone using your DOT #

So my guess would be leased onto you.

 

Agreed with @Oldironfan

Make sure he has some paperwork that looks legit on the."leased to" end of it.

 

I would make up a specific lease agreement. And pay amount stipulated. And if ya, permits and all that sort of thing. And remember DOT loves pulling hot shot , or 3 place pick up haulers over for a look, and various camper set ups. I've saw many camper pulling trucks in ditches for a reason. Trucks catch a lot of wind and don't weigh as much as a big rig.

 

He would be a leased operator and you would be fully liable for everything he does. The FMCSA makes no differentiation between an employee or a leased operator, and you can't "loan out" your DOT number. Your insurance would have to cover him and his truck, only while under dispatch. His insurance would cover his truck when he is not running under your DOT number. You also would need a driver qualification file including an employment application, and your insurance would have to approve him and his truck.

Keep in mind, all DOT violations, inspections, crashes and everything else would come back to your company. So, unless you are going to be making good money off these loads and still able to pay him fair it is a bad idea.

 

The brother in law has his own equipment.

 

Does not matter. It would be no different than you taking a truck you own and using Landstar's DOT number, it would be a leas operator position which in the eyes of the FMCSA is no different than if she, or Landstar owned the truck. That is why when you lease onto carriers they complete a driver qualification file -including employment app, and keep copies of all your maintenance and service records.

Who physically owns the equipment, base plate or pays the driver is irrelevant as far as liability goes when dealing with DOT numbers and MC authority.

 

Yikes, you have an authority and you don't know how it works?

You need to treat is, as others said, as a lease and have a contract, have a driver's file and a truck file with all the info as if it is your truck and your employee.

 

Ridgeline, it never ceases to amaze me how often this is the case. I get calls daily from my consulting clients that have no clue how the regulations actually work. Not trying to put anyone down here, and without these people I wouldn't have a business, but it really is not all that complicated.

Bottom line, it is a business treat it like one. It is admirable that folks want to help people and family members, but understand the risks associated with it.