Input on this Potential O/O Deal

At $3.50/Gallon for fuel, a huge benefit. In addition to the liability regarding driver pay/workers comp.

Correct, that's the way it would work if you were a company driver in a company owned truck too wouldn't it?. Your Company is the OPERATOR of your truck. In your arrangement, as with most leases, there is no such entity as an Owner/Operator. You would have to run your truck under your own authority to be an O/O.

You are the Lessor and your company is the lessee in regards to the truck.

Take Care, Be Safe

Michael

 

I thought a o/o was when you owned and operated the truck and when you had your own authority it just meant you're an O/O who's #### didn't stink ???

 

You aren't alone. Most drivers think the OPERATOR is the person behind the wheel and "leases" out his truck.

While it may seem to be semantics and super technical, it is not. It's a legal Motor Carrier definition.

Drive into some states with a pretty graphic on the sleeper door proudly stating "owned and operated by "im6under" and you may be asked for a copy of your MCS-150 form or an IRP with "iam6under" written on it. Of course, you don't have it because you aren't the operator of the vehicle (read your cab card). In Oklahoma they are enforcing the rule found in FMCSR 390.21 which (among other things) states:

[If the name of any person other than the operating carrier appears on the CMV, the name of the operating carrier must be followed by the information required by paragraphs (b)(1), and (2) of this section, and be preceded by the words "operated by."]
Some of the states may make you cover up the sleeper door or at worst write a citation. Some may not care one way or the other. One thing you know for sure is that you never know.

In California, If you have anything written on your truck that a "company" truck doesn't have, then you are not allowed to use the company's permit and must obtain your own. This is all because you are not the OPERATOR of the vehicle. They don't want to be able to differentiate your truck's lettering content from the company trucks content. It can be a different color or style but it has to have the same content.

A few other states are very picky about the definition of "Operator".

Look guys, I don't want to make anybody mad or anything. I just wanted to reply to you about what I've learned (in some cases, the hard way) what the regulations state. You can call yourself an owner operator or anything else you want. It's really OK with me. I just thought that I would let you and whoever else pops into this thread know the FMCSA's definition of the term. And the consequences of it's meaning.

I wish you well and be real careful out there.

Michael

 

The thing about getting symantic or super technical with a large book of rules is there is always that one guy that will dig thru the book and find the inconsistencies to back up his case.

ergo:
FMCSA §398.1 Definitions.
(i) Driver or operator. "Driver or operator" means any person who drives any motor vehicle.

I wanna be an owner/operator when I grow up and not a Motor Carrier.

 

Great job! You now know that if you transport migrant farm workers you will be "operating" that motor vehicle. It's all about context, isn't it?

How is it possible that I know there is at least two Oklahoma scale masters that don't like lettering on the truck that says the guy who owns the truck thinks he's the operator? Or that if the name on the truck doesn't match the cab card exactly (and therefore the MCS-150) then your cab card is invalid?

EXPERIENCE.

I guess I was mistaken in my belief that this forum was here to provide an exchange of ideas, knowledge and experience. My Bad.

Use the information. Don't use the information. It's up to you.
Take care and be safe

Michael

 

Just imagine if you hadn't fleeced you truck. You would now be stuck with a 100,000 debt! At least you now have the option to try again without your credit our personal finances at risk.

 

Man, I'm real sorry to hear that. You have had a real good run 'a bad luck, but it can't last forever! I always find that what I think about and speak about - I bring about.

It's so easy to get caught in the cycle of negative thoughts and speech, therefore attracting more of the same to myself. I've done it fo sho, most recently the last time I went broke in '06! But eventually I stopped the insanity of the negative thoughts and speaking and everything around me improved. Sorry if it sounds preachy, its just my experience and I hope it can help you in your difficult times. I been clean and sober 21 years on thursday, so they kinda brainwarsh us into all this spiritual thinkin' mumbo jumbo - that with time and persistent application usually works!