Working with Others "Authority"
Discussion in 'Ask An Owner Operator' started by Msticlaru, Mar 13, 2009.
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this is what he (the friend) sent me.
i got the authority papers the company he is leased to.
I got HIS ins papers on his tractor
i got THEIR ins papers for his trailer (showing proper coverage amounts)
Their W-9 EIN
I called and talked to him today and expressed my concern in booking him loads. i have not been doing it long, but i DO know that I have to personally sign a contract between the broker and the carrier. I told him that I dont think I can legally sign a document for the company he works for, as I do not represent them.
his response was that he already asked , and got permission to book his own loads off load boards using his the companies MC#.
So if HE can book his own loads.. would it matter that I am the one doing the point and clicking and phone calling instead of him, since i am doing it on his behalf.
I dont think he is trying to do anything "funny". he has been an O/O for like 20 years, but the company he leases to never gets him any loads i guess.
I dont know. If he is allowed to find and book his own loads with their MC#, I dont see why I cant do it for him. (id tell him to do it himself, but its hard enough to explain to him how email works" -
I know that some companies are pretty loose on their operations, but you have to think of it in terms of potential liability.......for everyone, including you. If something were to go horribly wrong, a lawyer would be hunting down everyone involved in the transaction. The "company" he is leased to might claim they had no knowledge of that particular load, and possibly make rumblings of "stolen identity". Contracts are legally binding instruments and should be signed by legal representatives of said company. What if you book a load and he is paid by the lease carrier, but the broker ends up filing bankruptcy and never pays the invoice? How would that be addressed as to who is financially liable? Could it potentially be you? What procedures are in place to keep track of trip sheets, logs verifications, records retention? Technically, you are an agent of the company, but it sounds like you don't have any type of agent contract in place. The IRS could claim you should have been paid as an employee and then the company might be liable for back taxes.
When things run smoothly, life is good. But when something doesn't go as planned, it can get real ugly real fast. Make sure you are protected. -
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CRST Malone used to have something in there contract that allowed this, I am unsure of the wording, as its been awhile, but I know I only used it once, and was charged a trailer mileage fee.
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well you guys confirmed what I was fearing. Basically.. this isn't a good idea. I am going to call his company directly on Monday and just talk to them. I am also going to want something from them in writing allowing me to do this for one of their drivers.
If they say no.. then oh well. Dads buddy can be pissed, but at least I wont be up a sh** creek if anything happens.
oh.. and I dont see any $750,000 coverage on that ins paperwork.thanks for making me look, lol
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You seem to have a good opportunity there and you appear to be capable of realizing it's potential . Don't jeopardize it . Like another poster said , if this guy can book his own loads you don't need to be involved . If you want , give him info on the load and let him do what he wants .
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I have been thinking of having my own auth and having my wife pull my loads from the load boards is there a better place to look most co dont pay enough to keep me running
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