Independent Contractor Operating Agreement, CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT, UNFAIR PROPERTY/CASUALTY CLAIMS SETTLEMENT PRACTICES, HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY, All Maintenance expenses Purchased at OneClick Sales and Service, All maintenance expenses purchased on the road through OneClick and/or OneClick Sales and Service. Each certificate of insurance shall include the name of the insurer, the policy number, the effective dates of the policy, the amounts and types of coverage, the cost to the lessor for each type of coverage, and the deductible amount for each type of coverage for which the lessor may be liable. An independent carrier owner-operator is a completely different entity. Independent Contractor Contracts (Still) Matter - Truck Law Part 376, driver-vehicle inspection reports, and records of duty status. Carrier is an independent contractor engaged in the business of transporting freight in intrastate and interstate commerce and desires to provide motor contract carrier services to Shipper for the transportation of chickens and other goods, which are considered general commodities ("cargo" or "Commodities") CARRIER shall (A) deduct or otherwise recover pursuant to Section 5 of this Agreement quarterly any net fuel use tax owed at that time with respect to CONTRACTORs operations in all taxing jurisdictions combined, along with the charge, set forth in Appendix A, covering the permit fee and CARRIERs tax reporting administrative fee, but not any additional fuel tax that CONTRACTOR may owe, or (B) credit quarterly to CONTRACTORs next settlement any net fuel use tax credit or refund due CONTRACTOR at that time with respect to CONTRACTORs operations in all taxing jurisdictions combined. In the event of a breach, the non- breaching party may elect to terminate the Agreement by giving immediate oral, followed by written, notice of termination to the offending party. Carrier responsibility for owner-operator compliance with FMCSRs T, United States Department of Transportation, National Registry of Certified Medical Examiners, ADA Requirements for Over-the-Road Bus Companies, Apply for a New USDOT Number and/or Authority, Pocket Guide to Large Truck and Bus Statistics. The Existence of A Motor-carrier Independent Contractor Arrangement Maybe Difficult to Prove. Furthermore, for the purposes of computing state fuel tax liability, INDEPENDENT CONTRACTOR must account for all miles travel by state for each trip including all empty mileage. Any amount extended by. In addition to the compensation set forth above, CARRIER shall also pay INDEPENDENT CONTRACTOR an incentive for each additional contractor that contracts with CARRIER as direct result of a referral make by INDEPENDENT CONTRACTOR. Trucking Independent Contractors Operating Agreements & State CONTRACTOR agrees it will only accept those shipments for which it can reasonably meet scheduled pick-up and delivery dates and/or times as established by CARRIER's Customers. Also, where the lessor purchases such insurance in this manner, the lease shall specify that the authorized carrier will provide the lessor with a certificate of insurance for each such policy. The owner of the equipment shall keep a copy of the lease. Sample Independent Contractor Agreement - Berkeley Law Contractor agrees to perform the services described in Exhibit A, which is attached to this Agreement. PDF Independent Contractor Hauler Agreement - T.H.E. Aggregate Source As part of the driver qualification process, CONTRACTOR, and CONTRACTORs drivers, shall authorize CARRIER to access applicable driver files, Pre- Qualification Screening Program (PSP) data from the DOT, and any other driver data or information available as part of FMCSA Driver Information Resource System (DIRS). In this event, CARRIER shall settle with CONTRACTOR monthly and submit quarterly, in CONTRACTORs name as indicated herein, as to all the applicable reports and payments of fuel taxes required of CONTRACTOR by the taxing bodies and authorities of the appropriate states, provinces, and other governmental bodies with respect to the Equipment operated under this Agreement. CARRIER. The lease shall further specify who is responsible for providing any other insurance coverage for the operation of the leased equipment, such as bobtail insurance. Independent contractors cannot be forced into arbitration CARRIER shall have the exclusive right to determine if a referral made by INDEPENDENT CONTRACTOR directly results in the recruitment of a new contractor, and this incentive shall not apply if the recruited or referred contractor has previously worked under contract or as an employee driver for CARRIER. The required lease provisions shall be adhered to and performed by the authorized carrier. this form does not apply to employers in the construction industry that use a contractor. . To ensure compliance with such laws and regulations, all drivers will be required to submit to a pre-qualified medical examination and alcohol and or drug test by CARRIERS physician, the cost of which shall be borne by INDEPENDENT CONTRACTOR and shall be an authorized deduction as outlined in Appendix B. (b) Duration to be specific. CONTRACTOR acknowledges that it is his or her responsibility to timely review and verify the accuracy of all settlements. 2023 legalwritingexperts.com. Exclusive possession and responsibilities. The lessor shall be afforded copies of those documents which are necessary to determine the validity of the charge. In its capacity as an independent contractor, Contractor agrees and represents, and Client agrees, as follows: (check all that apply) - Contractor has the right to perform Services for others during the term of this Agreement. regard, INDEPENDENT CONTRACTOR hereby assumes full control and responsibility for all hours scheduled and worked, wages, salaries, workers compensation and unemployment insurance, state and federal taxes, fringe benefits, and all other costs relating to the use of drivers provided by INDEPENDENT CONTRACTOR pursuant to this agreement proof of such control and responsibility shall be submitted by INDEPENDENT CONTRACTOR to CARRIER as required by CARRIER and may include but not be limited to proof of highway use tax being currently paid when the CARRIER purchases licensed; proof of income tax being currently paid; proof of payment of payroll tax for INDEPENDENT CONTRACTORS drivers and a certificate of insurance containing a 30-day notice of changed an cancellation clause. INDEPENDENT CONTRACTOR shall provide CARRIER, within ten (10) days of such request, all information and documentation regarding such gross revenues to assist CARRIER in verifying that the correct amount of liquidated damages is paid. If, in CARRIERS judgment, INDEPENDENT CONTRACTOR has subject CARRIER to liability because of INDEPENDENT CONTRACTORS acts or omissions, CARRIER may take possession of the lading entrusted to INDEPENDENT CONTRACTOR and complete performances. As required by law, CARRIER agrees to file information tax returns (form 1099) on behalf of INDEPENDENT CONTRACTOR if INDEPENDENT CONTRACTOR is paid more than the statutory amount in compensation during the calendar year. (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. Except when the violation results from the acts or omissions of CONTRACTOR, CARRIER shall assume the risks and costs of fines for overweight and oversize trailers when such trailers are preloaded and sealed, or the load is containerized, or for improperly permitted oversized and overweight loads, or the trailer or lading is otherwise outside of CONTRACTORs control. [ 44 FR 4681, Jan. 23, 1979. (c) Exclusive possession and responsibilities. The motor carrier is, therefore, responsible for compliance with the FMCSRs by its driver employees, including those who are owner-operators. INDEPENDENT CONTRACTOR hereby authorizes the deduction set forth in Appendix B and those deductions and charge backs identified and referenced elsewhere in this agreement. During the term of this Agreement, CONTRACTOR shall provide COMPANY professional driving services, other incidental transportation . eCFR :: 49 CFR Part 376 -- Lease and Interchange of Vehicles Carrier Owner Operator Contract. Volcano Transport Inc, a motor CARRIER operating pursuant to the authority issued by state and federal agencies, (INDEPENDENT CONTRACTOR), and in consideration of the covenants and agreements contained herein, enters into this INDEPENDENT CONTRACTOR agreement (agreement). CARRIER shall have the right to place and maintain on the equipment CARRIERS name and any lettering, advertisement, slogans or designs as CARRIER may choose. I hereby certify that I carefully inspected the above and this is a true and correct report of the same. The carrier shall perform this accounting in one of the following ways: (i) By clearly indicating in individual settlement sheets the amount and description of any deduction or addition made to the escrow fund; or. The authorized carrier may delete the names of shippers and consignees shown on the freight bill or other form of documentation. Carrier affirms that it is a motor carrier under 49 U.S.C. An Arizona independent contractor agreement outlines the business relationship between a client and a contractor who serves them independently. CONTRACTOR agrees that CARRIER may charge back to CONTRACTOR any other expenses or cost incurred by CARRIER for which CONTRACTOR is responsible for under this Agreement or as otherwise agreed to by the parties. (h) Charge-back items. If, however, CONTRACTOR fails to provide CARRIER complete and accurate fuel-tax-related records, as required by subpart. 5. Share sensitive information only on official, secure websites. CARRIER and CONTRACTOR agree to enter into an Agreement for the purpose of installation, and ongoing operation of the Electronic Logging Device Communication System (ELD) identified below. The interest rate shall be established on the date the interest period begins and shall be at least equal to the average yield or equivalent coupon issue yield on 91-day, 13-week Treasury bills as established in the weekly auction by the Department of Treasury. 13102(12), and is duly registered with the Department of Transportation pursuant to 49 . The term ''employee,'' as defined in 390.5T, specifically includes an independent contractor employed by a motor carrier. The equipment shall be for CARRIERS exclusive possession, control, and used for the duration of this agreement. ( c) The interchange of equipment between for-hire motor carriers in the performance of transportation regulated by the Secretary. An owner-operator lease agreement is a contract that outlines specific terms when a trucking company leases services from independent truck drivers. The compensation stated on the lease or in the attached addendum may apply to equipment and driver's services either separately or as a combined amount. Tractor Only of Adjusted Gross Revenue (AGR). The main way to tell an independent contractor from an agent is the degree of control or supervision that the purported principal has over the agent or independent contractor. professional drivers engaged in a separate and distinct profession) shall have the duty to determine that all shipments are in compliance with the size and weight laws of the states in which or through which the Equipment will travel and to notify CARRIER if the vehicle is overweight, oversized or in need of permits before commencing the haul. The lease shall further specify that in no event shall the escrow fund be returned later than 45 days from the date of termination. If INDEPENDENT CONTRACTOR fails to return property or freight to CARRIER or remove all CARRIER identification from the equipment within three (3) days after termination of this agreement, INDEPENDENT CONTRACTOR shall pay CARRIER in initial payment of damage in the amount of one thousand dollars ($1,000.00), as a pre-estimate of damage and not as a penalty, and CARRIER, may pursue all the remedies allowed by law or authorized in the agreement, against INDEPENDENT CONTRACTOR. MS Word (No Ratings Yet) A truck driver independent contractor agreement is a document that legally binds a contractor and their client to a working arrangement. Updated Jan 28, 2019. When a lessor's revenue is based on a percentage of the gross revenue for a shipment, the lease must specify that the authorized carrier will give the lessor, before or at the time of settlement, a copy of the rated freight bill, or, in the case of contract carriers, any other form of documentation actually used for a shipment containing the same information that would appear on a rated freight bill. Is expressly understood and agreed that INDEPENDENT CONTRACTOR is an INDEPENDENT CONTRACTOR for the equipment and driver resources provided pursuant to this agreement, and that INDEPENDENT CONTRACTOR agrees to defend, indemnify and hold CARRIER harmless for any claims, suits, or actions, including reasonable attorney fees in protecting CARRIERS interests, brought by employees, any union, the public, or state or federal agencies, arising out of the operation of the equipment pursuant to this agreement. A. Thisserviceisonlyavailabletomorethan2or moreCMV'soperatedwith CONTRACTOR. The authorized carrier shall not set time limits for the submission by the lessor of required delivery documents. If agreed . PDF INDEPENDENT CONTRACTOR AGREEMENT - The Judicial Branch of Arizona in What's the Difference Between an Owner/Operator and an Independent A receipt with the total base plate amount must be shown prior to receiving any reimbursement. If request. (2) The specific items to which the escrow fund can be applied. (e) Items specified in lease. PROVISION OF SERVICES AND EQUIPMENT. Independent Contractor Operating Agreement - The LegalPen 1. Create Document. The lease shall clearly specify which party is responsible for removing identification devices from the equipment upon the termination of the lease and when and how these devices, other than those painted directly on the equipment, will be returned to the carrier. (k) Escrow funds. Generally speaking, truck drivers are hired to transport goods from one facility to another or from a seller to a buyer. C.F.R. In addition, INDEPENDENT CONTRACTOR shall provide CARRIER with all original fuel receipts, toll tickets (for mileage tax purposes) and all other documents and reports requested by CARRIER, but not as a condition for payment under this provision. 3. this Agreement. 4. INDEPENDENT CONTRACTOR is not required to purchase or rent any products, equipment, or services from CARRIER as a condition of entering into this Agreement. Compliance With Pertinent Laws And Regulations. INDEPENDENT CONTRACTOR shall not allow any passengers to ride in the Equipment unless authorized in writing by CARRIER as required by law. A. . PDF Motor Carrier Agreement The Purpose of this Agreement is to provide for the transport of cargo and other truck freight in accordance with contracts and commitments which may be hereafter negotiated between the parties subject to this Agreement, and I/C represents and warrants that I/C has the truck(s) and equipment, and the licenses and permits necessary to accomplish . This sub paragraph set forth solely to conform to Federal Highway Administration regulations and shall not be used for any other purpose, including any attempt to classify INDEPENDENT CONTRACTOR as employee of CARRIER. INDEPENDENT CONTRACTOR shall be responsible for maintaining, and shall maintain the equipment in safe condition and in complete compliance with all laws and regulations of the states in which INDEPENDENT CONTRACTOR operates. Such lease or addendum shall be delivered to the lessor prior to the commencement of any trip in the service of the authorized carrier. Updated May 29, 2023 An independent contractor agreement is a legal document between a contractor that performs a service for a client in exchange for payment. This option can only be selected if CONTRACTOR purchases all fuel purchases on the CARRIER Advance Card. In addition, the lease may provide that, upon termination of the lease agreement, as a condition precedent to payment, the lessor shall remove all identification devices of the authorized carrier and, except in the case of identification painted directly on equipment, return them to the carrier. (2) If the lessor purchases any insurance coverage for the operation of the leased equipment from or through the authorized carrier, the lease shall specify that the authorized carrier will provide the lessor with a copy of each policy upon the request of the lessor. Payment for any loss or damage to third persons up to $2, 500.00 (as an insurance deductible). INDEPENDENT CONTRACTOR shall exercise all diligent efforts to conduct the operation under this agreement in such a manner as to assure continued customer satisfaction and specifically by (1) completing deliveries on-time; (2) loading and unloading at times requested by shipper; (3) delivering at the correct location; and (4) being courteous to both the shipper and consignee. (f} CSA Compliance. 49 CFR 376.12 - LII / Legal Information Institute The parties agree that, in addition to any other right, remedy or claim CARRIER may have, INDEPENDENT CONTRACTOR shall pay CARRIER $50.00 per day for INDEPENDENT CONTRACTORS failure to allow CARRIER to remove and recover such property. If the authorized carrier is authorized to receive a refund or a credit for base plates purchased by the lessor from, and issued in the name of, the authorized carrier, or if the base plates are authorized to be sold by the authorized carrier to another lessor the authorized carrier shall refund to the initial lessor on whose behalf the base plate was first obtained a prorated share of the amount received. B. INDEPENDENT CONTRACTOR shall provide competent drivers who meet all the requirements of the U.S. Department of Transportation, including but not limited to, familiarity and compliance with state and federal motor CARRIER safety laws and regulations. An official website of the United States government Here's how you know. In the event that the referred or recruited contractor remains under contract with CARRIER for a minimum of 180 days, then INDEPENDENT CONTRACTOR, provided INDEPENDENT CONTRACTOR is still under contract with CARRIER, shall receive an incentive, $250.00. INDEPENDENT CONTRACTOR hereby authorizes CARRIER to make advance payments as outlined in this paragraph to any driver that may be operating the Equipment on behalf of INDEPENDENT CONTRACTOR at additional 10% cost of advance payment. Federal Motor Carrier Safety Administration, Regulatory Topic: A carrier agreement is typically between a customer and a carrier like UPS or FedEx. $50.00 for certification If the authorized carrier will make a charge back to the lessor for any of this insurance, the lease shall specify the amount which will be charged-back to the lessor. Complete Transportation or Abandons of Load. INDEPENDENT CONTRACTOR agrees to defend, indemnifying and hold harmless CARRIER from any direct, indirect consequential loss, damaged, fine, expense, including reasonable attorneys fees, action, claim for injury to persons, including death, and damage to property which CARRIER may incur arising out of or in connection with INDEPENDENT CONTRACTORS obligations under this agreement or breach thereof. 3. OPTION 2: CARRIER shall obtain, and pay any required fee for, the IFTA permit and all other required permits (that CONTRACTOR, as opposed to CARRIER, is eligible under Applicable Law to apply for), and CARRIER shall perform all fuel and mileage tax reporting services, with respect to the Equipment. IN WITNESS WHEREOF, CARRIER and CONTRACTOR hereby sign this Agreement as of the date stated above. A contractor is commonly hired on a short-term or intermittent basis, unlike an employee. PDF INDEPENDENT CONTRACTOR AGREEMENT - Buchheit Logistics Revise it in your preferred editor, fill it out, sign it, and print it. In such event, INDEPENDENT CONTRACTOR shall waive any recourse against CARRIER for all direct and indirect costs, expenses or damages including reasonable attorneys fee incurred by CARRIER as a result of CARRIERS taking possession of the lading and complete performance. (3) The lease shall clearly specify the conditions under which deductions for cargo or property damage may be made from the lessor's settlements. The lease shall specify that payment to the lessor shall be made within 15 days after submission of the necessary delivery documents concerning a trip in the service of the authorized carrier. All notice provisions of this Agreement shall be writing delivered personally, by postage prepaid, first call mail, or by facsimile machine to the addressees or fax number shown at the end of this Agreement. 4.5 At no cost and expense to Shipper, Carrier shall furnish either through itself or its independent contractors all supplies and equipment for its services hereunder and shall maintain all equipment in good repair and condition. Job satisfaction. This separate accounting shall be done on a monthly basis. Any amount owed by CONTRACTOR under this Addendum, which is not satisfied with funds from CONTRACTORs settlement, will roll over and be deducted from subsequent settlements until the entire amount owed by CONTRACTOR under this Addendum is satisfied. INDEPENDENT CONTRACT and its drivers shall cooperate fully with CARRIER in the conduct of any legal action, regulatory hearing or other similar proc arising from the operation of the equipment, the relationship created by this agreement or the services performed here under INDEPENDENT CONTRACTOR shall, upon CARRIERS request, provide written reports or affidavits, attend hearings and trials and assist in securing evidence or obtaining the attendance of witnesses. INDEPENDENT CONTRACTOR represents and warrants that INDEPENDENT CONTRACTOR has title to or is authorized to contract the equipment and services to CARRIER. Independent contractors, however, may not own the truck they're driving, so if they're unhappy with the carrier company, they can leave but won't retain ownership of the truckthe carrier will. 2. Upon completion of CONTRACTOR obtaining a base plate under the IRP in CONTRACTORs name, as well as obtaining an active Independent Contractor Agreement, CONTRACTOR will be reimbursed up to $1,850.00 in monthly installments. Payment for Damage to or loss of cargo up to $2,500.00 per incident (as an insurance deductible). (d) Compensation to be specified. Not less than quarterly, INDEPENDENT CONTRACTOR shall, at its sole cost in expense, have the equipment inspected and/or maintained at an independent repair or maintenance facility authorized by CARRIER. CARRIER will use caution in installation of ELD, but will not be responsible for damage to contractors truck. Drivers with a recent history of accidents, traffic convictions and/or serious traffic offenses will not meet CARRIERs minimum qualification standards. INDEPENDENT CONTRACTOR agrees that in the event it is necessary for CARRIER to enter upon private property and/or remove private property in order to recover its trailer or property, INDEPENDENT CONTRACTOR does herby irrevocably grant CARRIER or its duly authorized agents, permission to do so and further agrees to hold harmless CARRIER, or its duly authorized agents, from any form of liability whatsoever in connection with such repossession. The lease between an authorized carrier and its agent shall specify this obligation. INDEPENDENT CONTRACTOR shall be liable for, and shall pay, the first one thousand dollar {1.000.00) for each cargo claim, including but not limited to, delay, shortages, missed delivery, and any direct damage claim relating to lost, damaged or contaminated loads, arising out of, or in connection with INDEPENDENT CONTRACTORS services; provided however, that INDEPENDENT CONTRACTOR shall be responsible for the entire amount of such loss or damage if the incident caused, in whole or in part, by the will full or intentional act or omission of INDEPENDENT CONTRACTOR or Its Driver. $60.00 for pre-employment drug test, [advanced_iframe use_shortcode_attributes_only=true src=//www.volcanotransport.com/forms/embed.php?id=12056 width=100% height=1024px id=advanced_iframe hide_page_until_loaded=true show_iframe_loader=true enable_lazy_load=true enable_lazy_load_fadetime=1 enable_responsive_iframe=true multi_domain_enabled=true use_post_message=true ], Address: 415 W GOLF RD SUITE#58 Self - Owner Operator Lease Agreement | US Legal Forms INDEPENDENT CONTRACTOR shall pay, or reimburse CARRIER, for any costs or penalties due to INDEPENDENT CONTRACTORS failure to weigh shipment or to notify CARRIER that the vehicle is overweight or in need of permits. Official websites use .govA .gov website belongs to an official government organization in the United States. Unless INDEPENDENT CONTRACTOR provides items listed below, CARRIER may, but is under no obligation to, initially pay for and later charge back to INDEPENDENT CONTRACTOR and/or deduct form any compensation owed to INDEPENDENT CONTRACTOR and/or reserve funds immediately at time of settlement, any of the following: license registration fees, mud flaps, flags, fuses, reflectors, lights, light bulbs, citations, repairs, cash advances, cargo claims, accident claims, insurance, tires, telephones, towing charges, and other repairs or maintenance for INDEPENDENT CONTRACTORS equipment.
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