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Discussion in 'Ask An Owner Operator' started by PharmPhail, Jan 26, 2009.

  1. PharmPhail

    PharmPhail Road Train Member

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    Question if anyone knows about the leasing on thing.

    If I buy a tag for a truck to lease-on, and it doesn't work out, can I reassign that tag to another truck, or am I out $1500?
     
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  3. MilkMan

    MilkMan Bullshipper

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    Typically, I think you're out the 1500, BUT, that is also why the companies deduct the cost of the tag from the operator you lease on in a percentage based deal. If you were paying a mileage contract, say .90 + fuel surcharge, you typically cover the cost and assume that risk. The way you cover yourself is in the language of the lease contract and state the operator indebted to you for the cost until you've recouped it. It's also another reason companies require some amount of money, usually 1000, to be held in escrow from the operator by the company. The escrow amount is also deductible from the operators weekly settlement until the escrow amount is reached.
     
  4. MedicineMan

    MedicineMan Road Train Member

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    also put it in the lease contract that if he quits or is let go before the tag is payed back you have the right to get the remaining amount out of any checks you are still holding on him
     
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  5. MilkMan

    MilkMan Bullshipper

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    Outstanding point. :yes2557:
     
  6. PharmPhail

    PharmPhail Road Train Member

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    Those are good ideas. But, do you really think that if I have that tag in my hand, I can't reassign it to another truck. They would really require me to get a 3rd tag with a perfectly good one already paid for?

    Seems to me I've transferred a tag before from one car to another when trading up.
     
  7. Pawnd

    Pawnd Medium Load Member

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    To answer most of your questions, why not get someone to send you a preliminary review copy of an existing contract.

    In your calculations don't forget to include business owners insurance, general liability insurance, and workers comp insurance. Even when they are not an employee it is possible for them to seek WC from you depending on the jurisdiction of the injury and make sure it will cover occasional employees such as lumpers, people washing your truck, ect. There are a what is called pass through liabilities.

    Example: lumper gets hurt on LO's truck, is a contract employee not an employee of the receiver, files against LO, LO doesn't have WC you are next and last in line and on the hook.

    I would find an attorney very familiar with this industry to be sure to get all the bases covered, and even then compare your contract to existing contracts.

    Be very specific as to when why and how the plate will be returned to you. Unless NC law changed, give him the plate without a valid or enforceable contract and he can use it until he wants to return it.
     
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  8. PharmPhail

    PharmPhail Road Train Member

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    I know in NC, WC kicks in with the 3rd employee.

    My contract will have lots of beautiful language, but I still really need to know if I'm losing that money no matter what. I guess a week's receivables would cover it anyway, but it's the principle of it too. If you pay for a year for a truck you should get it IMO.
     
  9. Pawnd

    Pawnd Medium Load Member

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    If $1500 is a deal breaker or even a real concern, then this is likely not a good business move.
     
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  10. PharmPhail

    PharmPhail Road Train Member

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    Principle was the operative word. I don't know anyone who wants to flush it down the toilet.
     
  11. Pawnd

    Pawnd Medium Load Member

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    The question of transferability is state specific, but, in NC you should be able to. Best check NC DOT.

    If this were to be a permanent move (you stated temporary earlier) might make more sense to take the risk.

    Look at it from a different view point: Would you loan this person $5000 to get his business going?

    It is in essence what you have proposed to do.
     
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