Fleet Owners.... 2 Cents Worth

[FREE TO FAIL]

What Makes a Good Owner (Part 1)

The four key elements of a successful Driver/Owner relationship are:

1. Pay me.

2. Respect Me.

3. Listen to me.

4. Dont bug me.

PART 1. PAY ME

I have noticed that their are some recent posts concerning poor and/or dishonest fleet owners. As a fleet owner myself with 6 trucks I would like put my two cents in on this topic, in an effort to help drivers avoid a costly decision.

1. Pay Me. This is the big issue, I can't for the life of me figure out why a driver does not get paid when the fleet owner gets paid. I make it a point to settle with my drivers the same day that I am paid by my carrier. How difficult is this???? What mathamatical alchemy is required to pay the man the percentage you agreed to at the time you receive the money? None period! There is absolutely no excuse for not immediately making payment in full.

In point of fact the driver should be able to advance most of their money on the front end of the deal anyway, if the carrier allows you to advance the load. In my situation, all my drivers are on the 60/40 split with the driver receiving 100 percent of the fuel. I allow my drivers to advance the maximum allowable, thus they are effectively receiving the bulk of their fuel and pay right away. I hired my drivers as recognized professionals and ultimately I need to put my trust in them as professionals. I have never had a problem!

Now, all the alledged experts here on this site talk about the contract, and what it spells out for payments, escrows and the like. All I have to say is that having been a practicing attorney for 7 years, is that there probably not a peice of paper on this planet that can make a crooked person honest. Usually a contract presented by a fleet owner protects the fleet owner, not the driver. If you have one read it over, see what provisions actually work for the driver.

With regard to the contract, whats the key thing drivers are looking for.... how and when you gonna pay me? We need a document for this? The document means absolutely nothing if the fleet owner gets in a position where he can't or won't pay you. It is really a matter of trust and professionalism between the parties. I can already hear the EO pundits going bat****, but lets face it, all a contract provides you with is a right to spend money in court to obtain a paper judgement that you need to spend even more money to attempt to collect, assuming they dont go bankrupt in the interium. Wow do I feel safe now!

I personally dont use contracts, simply because I feel my drivers are professionals, and I do not need to put together something stating the obvious. No contract can provide for every given situation, and I like to allow some flexability and negotiation between the parties. I also beleive that I would tend to draft something so lopsided it would effectively undermine the relationship I have with my drivers.: In my opinion nothing says I trust you more as a professional then a 8 page contract!

Having said all the above, how can a driver find a good fleet owner thats going to pay him? Is pretty simple actually. A good phone interview is step one. Is one of the first things an prospective owner talks about is how and when your going to get paid? Does he provide you with other drivers phone numbers for you to interview? Is the owner willing to spend some money to get you qualified with the carrier? Is he willing to spend money to get you to the truck or the truck to you? Was the fleet owner a driver? And lastly is the prospective fleet owner easy to get ahold of and communicate with, can you meet face to face? If you can answer the bulk of these questions positively then your probably on the right track. You will know in one pay period for sure. No pay no work simple as that. And never ever ever let the owner get into you for any real money, you are not the bank. Always treat it like a business, and conduct yourself accordingly.

I know that as a fleet owner I cannot have a return on my investment without a professional driver willing to go out and make it work. Paying the driver correctly and timely is job one for a fleet owner and absolutely nothing I do is more important.

(PART 2 to follow)

 

[gatorfan068]

I find it funny...ok rather strange,that if a fleet owner has a few units,with 3 differerent carriers,and one carrier is late to pay the fleet owner that all the drivers are late being paid,just because one carrier doesnt pay the fleet owner.....LMAO

 

[lugnut1]

All I have to say is that having been a practicing attorney for 7 years, is that there probably not a peice of paper on this planet that can make a crooked person honest.

Rule number 1 when signing on with a fleet owner. Never ever sign with a fleet owned by an attorney.

 

[Dakota]

Rule #2

Never sign on with a fleet owner that doesn't use contracts

 

[timothy_flood]

All I can say is that this guy is a straight-shooter, attorney or not. Honest to a fault.

 

[wimpy007]

Seem to me he has had good luck with his drivers, I know how it feels to have a bad driver on your truck, been there done that. Contracts seem to be worthless. The Attorney has some very good points and I agree with them. I am in partnership in another trucking operation using tractors and drop deck trailers we have'nt replaced a driver in 3 years, on the expedited side the drivers have been with us 5 plus years. Treat them right, PAY ON TIME, maintain the equipment you will have happy driver who will work and take care of the equipment

 

[cheri1122]

Lugnut & Dakota can live by their rules, but Jdevits sounds like an honest and fair owner to me. I've never felt a contract is necessary if owner and driver are both trustworthy people who understand that each party benefits when the other party benefits.
PS I always wondered: do the folks who make glib cracks about lawyers refuse to use one when they get scammed?

 

[Dakota]

Lugnut & Dakota can live by their rules, but Jdevits sounds like an honest and fair owner to me. I've never felt a contract is necessary if owner and driver are both trustworthy people who understand that each party benefits when the other party benefits.
PS I always wondered: do the folks who make glib cracks about lawyers refuse to use one when they get scammed?

I guess I am just an untrusting person, I want it in writing!!!
Been screwed too many time I guess.

 

[Falligator]

I have all of those with the fleet owner I currently drive for. Anything goes wrong with the truck then it gets fixed. Pays me ontime and gives me a miles bonus. Never have a problem getting ahold of him if needed.

 

[FREE TO FAIL]

You got that right wimpy007, the costs associated with replacing drivers is not insignificant. Far better to act ethically to begin with. That is the point dakota misses, you can have a contract but act unethically, which effectively mitigates the proported value of the contract.

Additionally, let me ask you when do you look at a contract? maybe for a few minutes before you sign it, but usually like our Carrier lease contracts they are contracts of adhesion, i.e. you have to sign to get the lease or job. No negotiating no real choice involved.

The only other time you look at a contract is after you've been screwed, by then its to late for you. Having a contract means nothing, enforcing a contract means everything. Seldom do drivers have the stamina and financial resources to enforce, not so on the fleet owner side.

I will say that I have been playing with the concept of creating a uniform driver contract that the driver presents to the fleet owner prior to subcontracting. Chock full of arbritation provisions, driver record protection, vehicle safety matters. ect. Why? Simply, I would like these crappy fleet owners out of business they make it tough on the rest of us as they run good drivers right out of the industry!

You know if we had enough drivers using a unified contract it would help in weeding out the dirt and establish an ethical industry wide business practice.

 

[cheri1122]

Jdevits explained in a nutshell: Having a contract means nothing - enforcing it is paramount.
If the driver hasn't got the tools [knowledge, commitment, and money] to enforce the provisions of his contract, it is worth nothing. It's like having a check for big bucks that no one will cash - you really aint got nothin.

 

[guido4475]

I guess I am just an untrusting person, I want it in writing!!!
Been screwed too many time I guess.

That's exactly right!! Business is business.Too many people go by their feelings, and then, they are all oissed when they get bent over by their owner, etc..cover youre butt!!! Of course, people who dont use contracts, but feelings instead, are most likely the ones who havent a clue what their cost per mile is, if they are making any money or not..lol..just floaters in the expedite world...

 

[guido4475]

You got that right wimpy007, the costs associated with replacing drivers is not insignificant. Far better to act ethically to begin with. That is the point dakota misses, you can have a contract but act unethically, which effectively mitigates the proported value of the contract.

Additionally, let me ask you when do you look at a contract? maybe for a few minutes before you sign it, but usually like our Carrier lease contracts they are contracts of adhesion, i.e. you have to sign to get the lease or job. No negotiating no real choice involved.

The only other time you look at a contract is after you've been screwed, by then its to late for you. Having a contract means nothing, enforcing a contract means everything. Seldom do drivers have the stamina and financial resources to enforce, not so on the fleet owner side.

I will say that I have been playing with the concept of creating a uniform driver contract that the driver presents to the fleet owner prior to subcontracting. Chock full of arbritation provisions, driver record protection, vehicle safety matters. ect. Why? Simply, I would like these crappy fleet owners out of business they make it tough on the rest of us as they run good drivers right out of the industry!

You know if we had enough drivers using a unified contract it would help in weeding out the dirt and establish an ethical industry wide business practice.

You have an excellent idea with the unified contract.I always, when signing on with a new carrier, or reading amendments to an existing contract, have a highlighter with me, highlighting anything of question, then, when I am done, take it to the proper person, and ask those questions.Never rush me when reading a contract.

 

[FREE TO FAIL]

Dakota you probably dont realize that to remain a licensed attorney you have to act ethically in all facets of life including running a business, attorneys are held to a higher standard then the average person, or else we can have a formal grievance filed against our license. So why would I spend 2 thousand dollars fighting a grievance when I can just do the right thing, and not risk my bar ticket that cost 80 thousand.

 

[guido4475]

Dakota you probably dont realize that to remain a licensed attorney you have to act ethically in all facets of life including running a business, attorneys are held to a higher standard then the average person, or else we can have a formal grievance filed against our license. So why would I spend 2 thousand dollars fighting a grievance when I can just do the right thing, and not risk my bar ticket that cost 80 thousand.

To have a bar tab of 80 grand..drinking problem??? lol..just messin...but, you do have an excellent point..why risk it all over dishonesty?Kinda like throwing away a perfectly good, trusting marriage over a one night stand..never could understand that logic, either..

 

[FREE TO FAIL]

well now for a one night stand with Maria kunis I might risk it...... Like visa says somethings are priceless

 

[greg334]

In order to enforce it, it has to exist.

The existence of one means evidence of what you were asked to do, but it does not mean that it is an automatic win in court, even small claims.

Protection is afforded by those who have one and refuse just to sign one. I think that the feds require an option of seeing the contract first to exam it by the driver the same as the carrier providing one on demand for a contractor.

The biggest cause for all of this is too simple - the driver has to get working and doesn't want or find the expense too great to do the needed work. This is evident with the idea that spending the extra $150 to get the hazmat endorsement is too much for a person who has little or no cash. A lot of people are trying to find work and take what ever they can without thinking.

There is no real solutions because all of this is in an industry that has a very poor track record of abuse and a revolving door of employment and it comes to this market where people are telling others "the waters fine, come on in". Unless the carriers are either forced to make a change or they volunteer to make a change to how they handle and qualify a fleet, very little will change and the only thing to do is warn people either not to drive for X owner or stress that this is a business and if you don't do you Due Diligence, too bad.

 

[blizzard2014]

Like I said before. They have a website called "ratemyprofessor.com!" We can create an independently owned not for profit website called "ratemyfleetowner.com!" Drivers can go in there and leave feedback about their fleet owners and each individual ower will have a grade. I do realize some people will say negative stuff against an owner just for the heck of it, but if everyone is saying the same thing about the same person you need to look out. Where there is smoke there is definitely fire.

 

[cheri1122]

Like I said before. They have a website called "ratemyprofessor.com!" We can create an independently owned not for profit website called "ratemyfleetowner.com!" Drivers can go in there and leave feedback about their fleet owners and each individual ower will have a grade. I do realize some people will say negative stuff against an owner just for the heck of it, but if everyone is saying the same thing about the same person you need to look out. Where there is smoke there is definitely fire.

But is there? Or is there an immature vindictive person who rallies all his friends to 'vote' against the lowlife who made his life heLL?
Anytime voting or rating is used, it can easily be skewed by a few determined folks. Like the kerfluffle over Bristol Palin on Dancing with the stars: many folks believed that friends of Sarah Palin enlisted numerous 'votes' by getting the Tea Party faithful to ask people who didn't watch or care to call in a vote for Bristol. And people were willing to do it, because Bristol is a nice girl, right?
I'd like to think it would be a great tool for drivers to check prospective owners, but I know internet ratings are too easily manipulated by the determined to be trusted.

 

[FREE TO FAIL]

well I think if you used a star rating system on a series of topics without any possibility of libelous statements being issued by the rating party, you might be able to avoid the subsequent lawsuits. A drivers assignment of a rating to the fleet owner is a subjective opinion rather then a factual tirade. I would be happy to let my drivers rate me. Certainly if you can rate a car on the internet, you aught to be able to rate a contractor.

It is interesting to note that truckersreport forum site allows quite a bit of latitude when discussing working for specific companies, and this site does not. Why so different? (WINK WINK) If you have a minute go to that site and read some of the posts quite an eye opener.