I figure there are probably one or two of you here who are leased to someone. I want to make sure this lease I've been given is a decent one...would anyone be willing to look it over and make sure I'm not getting shafted? It's attached to this post in .pdf form. The company provides trailers at no cost.
Here's the basics:
Percentage pay to the owner operator includes:
Cost of operating for owner operator:
- Start at 70.5% with a .05% increase every year up to 73%
- All drivers going east of OH/ PA line and including Virginia north, earn 75%
- 100% of billed Fuel Service Charge paid to driver
- Average miles are 2,500 to 3,000 per week
- Average weekly gross $4,372.00 in 2008.
- Average rate per mile paid to the truck on actual miles including FSC was $1.48 in 2008.
- T-Chek fuel card advance.
- Personalized and no forced dispatch
- Home weekly
- Variety of Truckloads/ LTL
- No cap on revenue to the truck
- Weekly settlements
I just started talking with the guy this morning and it all seems decent enough...but wanted opinions...especially on the lease, which was an absolute mess so I cleaned it up a little. I didn't erase any of the wording, just arranged it so that it's easier to read.
- No up front money needed
- Approximately $1765.00 for base plate, Manning Transfer pays for the plate and then charges the operator in installments.
- Quarterly fuel and mileage tax with options on payment
- Maintain $1,500.00 escrow account (interest paid annually)
- Bobtail insurance $36.00 per month
- Physical damage insurance $3.06 per $1000.00 value of truck
- Deductible reimbursement insurance $100.00 per month
Anyone familiar with leases? ;)
Discussion in 'Ask An Owner Operator' started by Dr Demented, Feb 24, 2010.
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I would take issue with a blanket statement of average rate per mile paid for actual miles being $1.48. Actual miles is a relative term... what if someone decided to run 100 miles out of route every week to see a relative or go home? Is that factored into their "actual miles"? I doubt it. They might factor in a projected out of route of, say, 8% to the dispatched miles to come up with their "actual miles". It is just too vague.
I think they are really high on their physical damage. I own my truck but have it leased on with a carrier and my physical damage premium is $2 per 1,000 value. My non trucking liability (bobtail) is $10 a month less than what they want from you, but they are not way out of line.
Base plate is pretty close to realistic and many outfits will do the payment method with a owner or leasee, so that is not a problem. Didn't go over the PDF in depth, but I would ask if you pay the annual FHUT tax, or since, per the contract they have total control of the equipment, they pay the FHUT. I would assume you do, even though you did not mention it.
I did notice that they do have a right to expect certain maintenance servicing of the equipment, but at least they are not demanding that it be performed by them or a designated maintenance shop. That is good. You have the freedom to get your work done at the shop you chose, or do oil changes, lubes and such yourself (highly recommended to save a lot of money). You had better have this clarified though. I have seen carriers go ahead and mandate a particular servicing and take the funds from the escrow, only because the service wasn't done by a certified shop.
These are just a few observations done on the fly. One thing I would recommend to anyone is that they put a crowbar in their wallet and buy an hour of an attorney's time and get a good legal eyeball on the contract and explain anything that is not clear to you. It is well worth the cost and may save you a lot of heartburn later.Dr Demented Thanks this. -
I would have concern about the base plates. If they got a bug up their (you know what) and decide to terminate your lease, and you are 1000 miles from home...you could have a problem. Minor point, but something to keep in mind.
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I would be inclined to find out what the average rates to the truck and miles per week are for the last part of 2009 and Jan of 2010. Things have changed a lot since 2008.
otherhalftw Thanks this. -
get your own plate..
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RickG Thanks this.
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your quoted rate of 1.48 incl. FSC/ minus 30% leaves the operator with 1.04 p/m whats your BEP?
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I took a brief look at your posted lease and the first thing that jumped out is the $15,000 escro account your required to carry with them. The payment terms were blank.. no fixed monthly, weekly, daily, or any way of determining how they were going to take this money from you. My second question would be WHY?
Why do they require this $15k escrow??? Seems pretty excessive to me. What is insurance for? There were a lot of "fill in the blanks" with different numbers.. So I can't see if it seems like a fair deduction. They were a little vague in the compensation "Exhibit B"
They just can't make a "blank statement like "
1. ______________% of the Carrier's Net Revenue after all applicable(where applicable)."
reworking, delivery and dock charges as defined in Exhibit C, and interline
splits for the full and proper completion of the delivery of freight
They must be specific.. Let's look at Exhibit C.. It deals only with inside metro and outside metro deliveries.. is that the only possible source of income there is? Do you get 100% of your detention time? how about layovers? Your fuel card isn't covered at all.. how much they can charge you per transaction, and when they can take it back. They do say they can take 15 days for them to pay you after you turn in all the required paperwork..
I'm not getting a warm and fuzzy about these guys... that $15k sent up a big red flag with me..
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I did think it was interesting how they say (in section V. subpart 1) the detention, loading, unloading, empty mileage will be discussed in Exhibit B, but it isn't so I don't know if that's something that is negotiable.
Not that it matters at the moment, the place I was buying my truck from decided to sell it out from under me so I'm back to searching for one again. I definitely do not want to get into a l/p program with anyone.
@BigRay: From what I'm understanding, the $1.48/m is after all deductions because that is what was paid to the truck...am I reading that right?
There are a few issues that I have with the lease just from reading it on my own like the statement that they could deduct "any fees payable to sales agents tendering freight for transport to CARRIER;"...so does that mean that they are going to pay the people who book freight from my cut?
Something else I don't like is how I seem to be paying for everything...but they're only providing a trailer and their freight lanes. Granted, I'm not having to pay it all up front...but I just wonder if that's normal? Don't most companies pay for at least base plates?
@Cowpie1: Yes, I'm responsible for paying the HUT.
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