Apply Now!

Owner and driver contract

yayashas

yayashas

Seasoned Expediter
Does any one know where I can get a contract between owner and a driver? Or see a sample. Or maybe some one knows how much it cost to have a lawyer write one up. I don't won't to spend a lot of money as I know lawyers are expensive.

Sent from my ADR6400L using EO Forums
 
chefdennis

chefdennis

Veteran Expediter
you want to protect yourself and your equipment....but you want to do it on the cheap...kind of like taking bids from a bunch of plastic surgeonsfor your wifes face lift and going with the cheapest one.....:rolleyes: ever heard the saying, "you get what you pay for..." :rolleyes:
 
ChrisGa23

ChrisGa23

Expert Expediter
It's not that hard for you to write one up. Make sure you define who gets paid what. Who pays maintenance who pays tolls who gets the fuel surcharge which is usually who pays all the fuel. etc. Length of time a driver can take off at one time. Driver escrow if you decide to do so.
 
T

ts675

Seasoned Expediter
greg334 said:
Never put in to the contact anything about time off.
Click to expand...

If there is the clause in there about 1 day home for each week out, that constitutes driver as employee? I am asking because a friend and I were just talking about that. Also not trying to discredit you but is that a fact or just a "depends" on the mood kinda thing? Thanks
 
greg334

greg334

Veteran Expediter
Pretty much when you telling people what days they can have off and when, you made them an employee. See the thing that is missed is that you are not hiring them, you are contracting with them to drive.
 
ChrisGa23

ChrisGa23

Expert Expediter
Every contract I have received from my fleet owners always told me how long I can have off before they charge me a certain amount.
 
chefdennis

chefdennis

Veteran Expediter
just because its in there doesn't make it legal..the owner ever gets audited and that contract it looked at, he is in a heap of "stuff"...

My contract with the person that drives my CV is nothing more then a "Rental Agreement"..he rents the van from me..after that, i don't care what he does...i get my money each week and he gets his...
 
T

ts675

Seasoned Expediter
Ok so if one had questions about those situations who would they look to? An attorney or the IRS?
 
jansiemoo

jansiemoo

Seasoned Expediter
ChrisGa23 said:
Every contract I have received from my fleet owners always told me how long I can have off before they charge me a certain amount.
Click to expand...
The way around that particular wording might be to say "truck owner must receive $xxxx income each month..." through the settlement to cover expenses with a clause that failure may void contract/require immediate return of vehicle, etc, etc.

In theory, as long as I earned $xxxxx from the beginning of the month, I could work two weeks and take the rest of the month off...not that I would if freight is that good, but that allows the owner to set a level of required productivity without telling you how/when you work.
 
Last edited:
greg334

greg334

Veteran Expediter
ts675 said:
Ok so if one had questions about those situations who would they look to? An attorney or the IRS?
Click to expand...

A lawyer - never take advice from the IRS. The IRS is only concerned with the taxes and not the classification of the person.


jansiemoo said:
The way around that particular wording might be to say "truck owner must receive $xxxx income each month..." through the settlement to cover expenses with a clause that failure may void contract/require immediate return of vehicle, etc, etc.

In theory, as long as I earned $xxxxx from the beginning of the month, I could work two weeks and take the rest of the month off...not that I would if freight is that good, but that allows the owner to set a level of required productivity without telling you how/when you work.
Click to expand...

In theory, tying the level of revenue generation to the driver in such a way as to micromanage them is the same as expecting them to make sales calls and operate as you direct them to cover a specific area. The real issue is that if they don't control the vehicle as a driver with the intent to operate it to fulfill your oblogation as an owner but rather at your direction and control, they are employees.

I'm with chef, two of my trucks are leased out to the drivers who have the contract with the carrier, I have nothing to do with them but I get revenue from the work they do as part of the agreement I have with the drivers.
 
Turtle

Turtle

Administrator
Staff member
Retired Expediter
There are not that many absolutes when it comes to employee versus independent contractor, but "ways and means" of doing the job, and the requiring of a certain number of, or a minimum number of working days are two of them which instantly turns the independent contractor into an employee.

An independent contractor can set their own hours, come and go as they please, and set their own work days. Anything that restricts or sets a quota for hours or work days, infringes upon the independent contractor status, making them an employee.

Also, requiring a minimum level of productivity, as Greg note, is "direction and control", and falls under "ways and means', which makes them instant employees.
 
zorry

zorry

Veteran Expediter
I believe Chef has it figured out. Maybe Greg too. Chef rents or lease purchases the van to a driver that must do well enough to cover a fixed cost. Greg alluded to getting a % of the contractors revenue if I understood him. What if that guy takes three weeks off in March ? Chef gets his full payment and Greg would get a % of very little ? A guy I contracted to earlier this year would call me and say "I see you're headed to STL. I don't want you there. Turn around and go to Omaha." I felt like an employee.
 
Last edited:
Turtle

Turtle

Administrator
Staff member
Retired Expediter
If he said it to you like that, you are. He can suggest, but he cannot order you to go or not go somewhere, as only an employer can do that.

If the driver takes three weeks off, then the owner gets the percentage of not very much that month. The owner cannot force the driver to get back out on the road. The owner can, however, replace the driver with another independent contractor if he is not satisfied with his work.
 
You must log in or register to reply here.
Top