Will DOT perform a level 1 if requested?

carrier cannot force you to buy any goods or services. what they are requiring is above what is required by FMCSA regulations. Read all the rules on motor carrier leasing regulations. What is written into a contract does not necessarily mean it is legal or enforceable, anything can be written there.

 

Bi-annual is their policy, the other carriers are normally annual but I have one that is quarterly and they pay for it.

I asked this morning about this and the MSP cops I talked to said the only way it makes a difference is if the truck is new. They don't look for the sticker until they have you pulled over and by that time, they have you already in the system and ready for their inspection

 

You might want to double check that, a carrier can not require to purchase goods or services through them (the carrier), but I believe that they can require that you must meet criteria that they impose.

Such as having a qualcom, they can't require that you purchase or rent one from them, but they can require that you have one, and that the model will work with their system.


That is only one example, there are many more.

 

It is not a simple matter. For the inspections an annual is a DOT requirement, but any lesser interval inspections are not required. A Qualcomm (or any other model/brand) is a DOT required device that needs to be compatible with the system the carrier selected. Since this is installed on the truck they can have the contractor pay for it. Same for headache rack for flatbedders, or chemical pump and compressor for tankers. Those items become installed equipment on the truck.

Many leases are poorly written and not nearly in compliance with leasing regulations, and then again regardless of how well the contract is drafted some carriers will impose fees and company requirements beyond what the law allows, largely due to the lack of knowledge of the typical driver.

 

49 CFR 376.12

(i) Products, equipment, or services from authorized carrier. The lease shall specify that the lessor is not required to purchase or rent any products, equipment, or services from the authorized carrier as a condition of entering into the lease arrangement. The lease shall specify the terms of any agreement in which the lessor is a party to an equipment purchase or rental contract which gives the authorized carrier the right to make deductions from the lessor's compensation for purchase or rental payments

Granted, a lot of carriers pull shady deals, but IMHO any driver that allows it to happen is probably getting what they deserve.

There are just too many resources available to drivers to know what the regulations are.

If the driver doesn't know his business he's doomed in the long run.

Now if the driver is generally happy with the carrier, then the exact application and adherence to said regulations doesn't really matter. Just don't come back later crying about how a carrier screwed them when they knew along that they operated outside the scope of the regulations.

 

No, Its not being an "Owner-Operator"

If you are TOLD what to do,How to do things From an Entity with their Name on your truck, You are NOT an OwnerOPERATOR-
What you are is a Driver who happened to Buy a Truck and Signed a Lease agreement with an existing carrier

I don't mean to hurt your feelings....But a true OWNER-OPERATOR makes every decision as an owner and operates his/her business at their discretion.

Anyone can buy a truck and put someones name on it. It Takes Skill,Passion,Hard Work and long days/Nights In the Truck-Under the Truck- In the Office and at the Customer......Thats a TRUE Owner -operator.

 

I highlighted the relevant section for the people that seem to miss it. The carrier can require anything (as long as it's in the contract and not otherwise illegal). What 376.12 prevents is the carrier requiring the lessee to get said services through them. No more, no less.