mercer transportation

Discussion in 'Mercer' started by kw12, Jul 21, 2012.

  1. RunningAces

    RunningAces Medium Load Member

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    The main reason is the way I want to operate my business. I would like to go authority but want atleast a paid off truck and paid off one year insurance with enough left for emergency maintenence fund. I'm willing to make payments on a trailer but only until I can get the money to pay it off. I want to have as low overhead as possible when I switch to OO side to increase my chances of success, especially if freight rates drop dramatically soon after I get into the game. I've wanted to have my own business all my life and dont want to fail when I am finally able to do so, not that having paid off gear is any guarantee of success.
     
    kylefitzy, dwells40 and 51.50 Thank this.
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  3. 51.50

    51.50 Heavy Load Member

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    your plan sounds good to me. Don't stick your neck out too far. Hours of service regulations could improve or not.
     
  4. roshea

    roshea Road Train Member

    as does every other company
     
    77fib77 Thanks this.
  5. roshea

    roshea Road Train Member

    Federal regs say otherwise, and plenty of companies do. In fact most companies do.
     
  6. Cat sdp

    Cat sdp . .

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    Common Law Rules
    Facts that provide evidence of the degree of control and independence fall into three categories:

    1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
    2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
    3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?
     
  7. roshea

    roshea Road Train Member

    Those 'common law rules' may be some kind of guideline people use but they are not codified in regulation or law.

    CFR 49 § 376.12 Lease requirements.

    (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.


    (2) Provision may be made in the lease for considering the authorized carrier lessee as the owner of the equipment for the purpose of subleasing it under these regulations to other authorized carriers during the lease.

    ...
    (4) Nothing in the provisions required by paragraph (c)(1) of this section is intended to affect whether the lessor or driver provided by the lessor is an independent contractor or an employee of the authorized carrier lessee. An independent contractor relationship may exist when a carrier lessee complies with 49 U.S.C. 14102 and attendant administrative requirements.
     
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  8. p608

    p608 Road Train Member

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    Nope
     
  9. sbaumann14

    sbaumann14 Road Train Member

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    Im good with the flag thing....like the vampire teeth on the front of the grill thing....or the chrome naked girls on mudflap thing....

    I knew the rules leasing on here. If the new rules become onerous for me to follow, then i will move on
     
    p608 Thanks this.
  10. roshea

    roshea Road Train Member

    care to give a legal explanation? or just perpetuate truck-stop myths ... ?
     
  11. drvrtech77

    drvrtech77 Road Train Member

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    Putting forces dispatch on owner ops essentially telling them what loads they’re going to do or sit as punishment essentially makes them employees...no trucking company can institute a forced dispatch on independent contractor..
     
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