need some info please

The only thing I'd really be concerned about is that his insurance company knows you'll be driving the truck.

 

Apply for your own authority, get your own insurance, bond, join a drug screening consortium, have in your place of business all necessary documentation to operate as a trucking company.

Option 2 would be to sign a lease agreement with the person(s) you would drive for, including an ICA and run under their authority as an IC. There's a few other requirements, however, I'm watching football right now

 

Good god almighty, really. Get authority to recover a truck. You folks aint got a clue.

 

Scooter, you need to step back from the edge

 

How would you be "legal" driving his Class 8 truck on an interstate governed by rules & regulations issued by both the feds & state, if you're not his employee, or you yourself are not an independent contractor?

If by your own admission, you're neither one of those, what are the consequences if something does "happen" as you put it?

The point I'm making is that to be either an employee or a sub-contractor, there is certain criteria that must followed in order to be "legal". What you're describing wanting to do in order to earn some "extra cash" on the side, is slim shady in my opinion.

 

Can you post any FMCSA rule that a guy that's owns 2-3 trucks must send a driver to be drug tested, going to pick up a truck, and return it to the owner? Need Page number, and section

 

What difference does it make if the guy owns 2-3 trucks or 2-3 thousand trucks? The issue has to do with employer/employee, contractor/sub-contractor relationship.

Just go to the regs section in 391.21 and look at what the feds require PRIOR to putting a driver behind the wheel. Section 382.301 deals with drug testing.

What employer in their right mind would want to put a driver behind the wheel of one of their trucks (even if it is just to recover a truck 300 miles away) without knowing ahead of time whether or not the driver is clean?

 

The system is a rats nest of red tape. To be legal yes they would need to do all the pre hire drug test, background cert, job history, etc but for something like this it seems way overboard.

If you think your buddy might have a need for you to help him in the future why not have him hire you if nothing else just on paper so you are in his system as checked out. He can just hire you on an as needed basis and would not have to pay you anything until you actually did something but at least he would have you cleared to drive should the need arise.

As the driver I would not really be worried about doing it even without the paperwork. It is really his butt on the line if things go south. Yes as a driver you are responsible for the truck but it is not your responsibility to make sure the carrier has all his paperwork in order.

Truck have a valid registration, insurance, inspection sticker, pre trip checks out, IFTA good, etc - that is about the extent of your responsibilty as a driver. You have no way to know nor is it your responsibility if the carrier has all his office paperwork in order.

 

All that has to be done is a contract outlining what is being done between the driver and owner, proof of compliance -cdl and med card - kept at the owners office and informing of his insurance that a third party is picking up the truck which will not be used to haul, just to transport it bobtail. Anyone can do this and doesn't have to be an employee.

What happens when someone test drives a truck? Do they become employees when they want to buy a truck and have a drug screen and an application filled out?