Landstar / EOBR

Not insane at all, been that way for more years then I've been out here. It is the Carrier's name on the door, not yours and they are the ones at risk, should something happen. All carriers exercise different levels of control, from nearly none to very tight.

 

Gotchya. Man I had no idea.

I was just thinking about it because a guy down the road from me runs his truck as his personal truck when he's home since that's the only type of vehicle he has. He told me though, it doesn't make it easy when wanting to take the Mrs. out to eat lol

Ethan

 

Please share that law then

 

It is basic contract law. As long as a carrier is not asking you to break a law they can control how that truck is used. That truck is in an accident and LS is going to be sued.

 

That makes a lot of sense. Doesn't matter if it was personal use cuz people will see the company name and lock on like a missile I guess

Ethan

 

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=376.12
Subpart B - Leasing regulations

§ 376.12Written lease requirements.Except as provided in the exemptions set forth in subpart C of this part, the written lease required under §376.11(a) shall contain the following provisions. The required lease provisions shall be adhered to and performed by the authorized carrier. (a) Parties. The lease shall be made between the authorized carrier and the owner of the equipment. The lease shall be signed by these parties or by their authorized representatives. Code of Federal Regulations136


(b) Duration to be specific. The lease shall specify the time and date or the circumstances on which the lease begins and ends. These times or circumstances shall coincide with the times for the giving of receipts required by §376.11(b). (c) Exclusive possession and responsibilities. (1) The lease shall provide that the authorized carrier lessee shall have exclusive possession, control, and use of the equipment for the duration of the lease. The lease shall further provide that the authorized carrier lessee shall assume complete responsibility for the operation of the equipment for the duration of the lease.

 

That simply tells me you can lease to one carrier for authority at a time.

 

Do you not comprehend simple English? What part of the carrier shall have exclusive possession, control and use of the equipment, do you not understand? The reg does not state the carrier shall share possession, use and control with the owner.
An example of how much control, a carrier can exercise, would be J.H. Rose out of Houston, years ago. When they said come to the yard, even though you owned the truck, it did not leave the yard until dispatched, not even to go to a motel or get pizza. They ran what they called a "Total Control Dispatch" and control, they did. They also paid the fuel and had no problem finding O/Os to lease to them.

 

under the interpretation of the leasing rules being presented a owner loses total control of his tractor and/or trailer under this scenario.

he would lose the ability to determine what hours he worked, when he worked, etc etc. that would then seem to run afoul of the irs rules of independent contractor status.

it would then seem if told to pull a load , he/she would have to pull the load, or even for that matter if you didnt pull the load put another driver in the truck since they have possession control and use of the equipment.

i tend to lean toward mndriver's interpretation, however the regs dont say that any provisions allowing for personal use cant be added

and following that line of reasoning, non trucking liability insurance is a total rip-off.

 

I tend to agree with MNDriver.

When I was leased to Landstar, they never told me when and what I did with the truck. They only required documentation of the miles on the truck.

Any other company I have been leased to over the many years also has had no restrictions on the truck. This includes the speed I choose to run.