Landstar / EOBR

Discussion in 'Ask An Owner Operator' started by Truck609, Aug 5, 2012.

  1. Autocar

    Autocar Road Train Member

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    The Hot Rod Shop Oxford, AL
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    No, only the truck is leased to the carrier, not the driver. Most contracts call for the truck owner to supply a driver, any driver that meets the carrier's qualifications. But, the carrier never hires the contractor's driver.
    Seperate the equipment from the driver, they are two seperate entities.
    My truck is leased to LS, I am not. I personally drive it, because I got qualified and hired myself. I could just as easily hire SHC. Fortycaliberglock or any other qualified driver. LS doesn't care as long as the driver meets their qualifications. They don't hire or fire drivers, they contract trucks and have the contractors hire and fire drivers to drive those trucks.
     
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  3. Roadmedic

    Roadmedic Road Train Member

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    They have changed then.

    I was leased to them and the payment went to my corporation. They had to approve the driver and the truck.
     
  4. Autocar

    Autocar Road Train Member

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    Apr 28, 2012
    The Hot Rod Shop Oxford, AL
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    CAN being the key word. But will they? I've never ran into that problem yet. Besides, why would you shutdown at the dock and block it? I've taken my 10 at many customers, with no problem and at one that I couldn't stay on the property, it was a high security plant, there was legal parking on the street, along the property.
     
  5. skateboardman

    skateboardman Road Train Member

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    flatbed heaven
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    yep, the reg is being totally misunderstood, mn driver you been doing some homework.
     
  6. Cowpie1

    Cowpie1 Road Train Member

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    Kellogg, IA
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    Why would you need to, and go thru the hassle? Just do an "off duty driving" and go to a nearby location you can safely park and continue the break. I do it off and on when I have to. No big deal, and you avoid any hassles that a customer may give. But usually, when explained in a nice way and if one asks permission, most customers except the mega distribution chain setups, will let you take the break on their property. For those that don't, a quick move to a close by location without interrupting the break by doing an off duty driving thing works.
     
  7. MNdriver

    MNdriver Road Train Member

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    Too many years with a dad in fed service with FAA. There are regs and then there are rules and then case law.

    Guess which ones matter they most......
     
    DrtyDiesel and rollin coal Thank this.
  8. Crazy D

    Crazy D Medium Load Member

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    Homewood,IL
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    Go ahead. Stick that junk in your truck. Sheep I tell you sheep. More and better ppaying freight ffor me. As your on your 12 hour break I'll be stealing your loads. Then in 3 months you'll be on here whining about how you can't make any money. Like I said go ahead stick it in there!!
     
  9. Cowpie1

    Cowpie1 Road Train Member

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    Kellogg, IA
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    LMAO! I am doing just fine and like not having to keep up with paper. Some of us know how to plan loads and make it all work in our favor.
     
  10. BigBadBill

    BigBadBill Bullishly Optimistic

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    Chattanooga, TN
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    Just addressing the IC issue. Two levels on this. First is the Fed (IRS). They have decades of administrative rulings accepting the typical O/O model as IC. It would require a new law to be passed for this to be reversed.

    Now the problem - the various states. States like MO and TN (several others just not familiar with the ones) have laws that define O/O's as ICs. However, many states have not passed laws (lobbing efforts are underway) to protect this status. Some have even started making rulings that classify O/O's as employees subject to unemployment and workers comp. The one near and dear to my heart is IL. About a month ago in two separate rulings they determined that that O/O's hurt on the job are employees and in ICs. Notable on this is that in both cases the O/O was not asking for employee status (actually fighting against it) but that didn't matter.

    In separate cases around the country states are taking a broader approach in going after the IC status. Some states (including IL again) use the term "meaningful presence". So it doesn't matter what state you have a lease signed in if they can show that you have a significant presence in a state and an IC decides to go after you in that state for workers comp they are likely going to allow it.

    I would expect the growing trend of companies requiring corporate status to lease with them to continue.

    On a personal note we are leaving IL and moving our operation to TN.
     
  11. Roadmedic

    Roadmedic Road Train Member

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    Operations such as yours and Landstar are not going to be targets of the IRS.

    These operations are using a true O/O or independent contractor. The person contracted is providing equipment along with the driver.

    The ones in concern are the companies that are leasing the company trucks to their drivers and then forced dispatch.
     
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